By Rainer Grote, Tilmann J. Röder

ISBN-10: 019975988X

ISBN-13: 9780199759880

Constitutionalism in Islamic international locations: among Upheaval and Continuity examines the query of no matter if anything just like an "Islamic constitutionalism" has emerged out of the political and constitutional upheaval witnessed in lots of elements of North Africa, the center East, and crucial and Southern Asia. with the intention to determine its defining gains and to evaluate the demanding situations that Islamic constitutionalism poses to verified suggestions of constitutionalism, this booklet bargains an built-in research of the advanced frameworks in Islamic nations, drawing at the tools and insights of comparative constitutional legislation, Islamic legislation, overseas legislations and felony historical past. eu and North American studies are used as issues of reference opposed to which the unusual demanding situations, and the explicit solutions given to these demanding situations within the international locations surveyed, may be assessed. The ebook additionally examines ways that the major options of constitutionalism, together with basic rights, separation of powers, democracy and rule of legislation, might be tailored to an Islamic context, hence supplying useful new insights at the clients for a real renaissance of constitutionalism within the Islamic international within the wake of the "Arab spring."

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The court of Sharī‘ah must accord equal treatment to all litigants regardless of their status, race, language, and religion. The head of state enjoys limited powers to grant a pardon to a convicted offender, and may not order discretionary punishments for unstipulated violations. The deterrent (ta‘zīr) punishment is open to court discretionary powers with respect to determining the quantitative aspect of the punishment only for conduct which is prescribed by the Sharī‘ah. The judges have no powers to create an offense, without valid evidence in the sources, on discretionary grounds.

Maintained that historically the idea of separation of religion and state originated in a certain course of events in Christian Europe; it had no precedent in Islam and stood in conflict with many of its doctrines. Islam does not have a church as such nor does theocracy find a place in its proposed 3 Azzam Tamimi, “The Origins of Arab Secularism” in Azzam Tamimi and John Esposito (ed), Islam and Secularism in the Middle East (Hurst & Company, London 2001) 14. 4 John Keane, “The Limits of Secularism” in Tamimi and Esposito (n 3) 36.

In these countries the recognition of Islam as religion of the state was routinely included in the constitutional text in order to strengthen the sense of national identity, which in many cases was still shaky. Similarly, religion was an indispensable basis for independent statehood in the conservative kingdoms of the Arab peninsula, which for the most part lacked any political loyalties transcending the narrow confines of dynastic or tribal solidarity. g. Algeria, Egypt, Iraq, Libya, Sudan, and Syria).

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