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Democracy under God: Constitutions, Islam and Human Rights in the Muslim World: Comparative Constitutional Law and Policy

Autor Dawood Ahmed, Muhammad Zubair Abbasi
en Limba Engleză Paperback – mar 2023
State recognition of Islam in Muslim countries invites fierce debate from scholars and politicians alike, some of whom assume an inherent conflict between Islam and liberal democracy. Analyzing case studies and empirical data from several Muslim-majority countries, Ahmed and Abbasi find, counterintuitively, that in many Muslim countries, constitutional recognition of Islam often occurs during moments of democratization. Indeed, the insertion of Islam in a constitution is frequently accompanied by an expansion, not a reduction, in constitutional human rights, with case law from higher courts in Egypt and Pakistan demonstrating that potential tensions between the constitutional pursuit of human rights, liberal democracy and Islam are capable of judicial resolution. The authors also argue that colonial history was pivotal in determining whether a country adopted the constitutional path of Islam or secularism partly explaining why Islam in constitutional politics survived and became more prevalent in Muslim countries that were colonized by the British, and not those colonized by the French or Soviets.
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Specificații

ISBN-13: 9781316610572
ISBN-10: 1316610578
Pagini: 225
Dimensiuni: 153 x 227 x 14 mm
Greutate: 0.32 kg
Editura: Cambridge University Press
Colecția Cambridge University Press
Seria Comparative Constitutional Law and Policy

Locul publicării:New York, United States

Cuprins

Introduction; Part I. 1. Islamic constitutionalism: origins and present; 2. What is an Islamic constitution?; Part II. 3. Constitutional Islamisation and Islamic supremacy clauses; 4. Case studies; Part III. 5. Islamic supremacy clauses and rights – Islamic review in practice; Conclusion.

Recenzii

'In this book, Ahmed and Abbasi present a systematic argument and a powerful empirical lens to study the interface of religion, law, and politics in the Muslim world. Democracy under God presents an original and illuminating perspective on Islamic constitutionalism, which is supported by multi-disciplinary perspectives and a rich array of historical and contemporary empirical cases ranging from the Ottoman Empire to West Africa and Pakistan. This is a provocative and insightful book that will be of interest to a wide audience.' Adeel Malik, University of Oxford
'In this wide-ranging book, Ahmed and Abbasi closely analyse the role of religious faith in the crafting of constitutions of diverse Muslim-majority countries. Taking nothing for granted while exploring the critical tension between human rights and Islam, the authors provide a profound insightful take that compels readers to question their assumptions. As a broad comparative study, the book is essential reading for scholars of law and religion, legal historians and constitutional law.' Nurfadzilah Yahaya, Yale University

Notă biografică


Descriere

Empirically analyzes Islam and human rights in constitutions of Muslim-majority states and theorizes why some adopted Islam in their constitutions.