Constitutional Developments In The Islamic World

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Constitutionalism in Islamic Countries: Between Upheaval and Continuity

Author : Rainer Grote
Publisher : Oxford University Press, USA
ISBN 13 : 019975988X
Total Pages : 755 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Constitutionalism in Islamic Countries: Between Upheaval and Continuity by : Rainer Grote

Download or read book Constitutionalism in Islamic Countries: Between Upheaval and Continuity written by Rainer Grote and published by Oxford University Press, USA. This book was released on 2012-02-16 with total page 755 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism in Islamic Countries: Between Upheaval and Continuity offers a comprehensive analysis of the issues associated with the theory and practice of constitutionalism in Islamic countries. This collection of essays is written by leading constitutional and comparative law scholars and constitutional practitioners and essays provide readers with an overview of the constitutional developments in countries in the Islamic world, an understanding of the potential and actual impact of Islam and Sharia on the notion of modern constitutionalism, and insight into the ways in which "Western" ideals may be reconciled with Islamic tradition.

The Fall and Rise of the Islamic State

Author : Noah Feldman
Publisher : Princeton University Press
ISBN 13 : 1400824079
Total Pages : 200 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis The Fall and Rise of the Islamic State by : Noah Feldman

Download or read book The Fall and Rise of the Islamic State written by Noah Feldman and published by Princeton University Press. This book was released on 2009-01-10 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Perhaps no other Western writer has more deeply probed the bitter struggle in the Muslim world between the forces of religion and law and those of violence and lawlessness as Noah Feldman. His scholarship has defined the stakes in the Middle East today. Now, in this incisive book, Feldman tells the story behind the increasingly popular call for the establishment of the shari'a--the law of the traditional Islamic state--in the modern Muslim world. Western powers call it a threat to democracy. Islamist movements are winning elections on it. Terrorists use it to justify their crimes. What, then, is the shari'a? Given the severity of some of its provisions, why is it popular among Muslims? Can the Islamic state succeed--should it? Feldman reveals how the classical Islamic constitution governed through and was legitimated by law. He shows how executive power was balanced by the scholars who interpreted and administered the shari'a, and how this balance of power was finally destroyed by the tragically incomplete reforms of the modern era. The result has been the unchecked executive dominance that now distorts politics in so many Muslim states. Feldman argues that a modern Islamic state could provide political and legal justice to today's Muslims, but only if new institutions emerge that restore this constitutional balance of power. The Fall and Rise of the Islamic State gives us the sweeping history of the traditional Islamic constitution--its noble beginnings, its downfall, and the renewed promise it could hold for Muslims and Westerners alike.

Constitution Writing, Religion and Democracy

Author : Aslı Ü. Bâli
Publisher : Cambridge University Press
ISBN 13 : 9781107694545
Total Pages : 0 pages
Book Rating : 4.6/5 (945 download)

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Book Synopsis Constitution Writing, Religion and Democracy by : Aslı Ü. Bâli

Download or read book Constitution Writing, Religion and Democracy written by Aslı Ü. Bâli and published by Cambridge University Press. This book was released on 2018-06-21 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: What role do and should constitutions play in mitigating intense disagreements over the religious character of a state? And what kind of constitutional solutions might reconcile democracy with the type of religious demands raised in contemporary democratising or democratic states? Tensions over religion-state relations are gaining increasing salience in constitution writing and rewriting around the world. This book explores the challenge of crafting a democratic constitution under conditions of deep disagreement over a state's religious or secular identity. It draws on a broad range of relevant case studies of past and current constitutional debates in Europe, Asia, Africa and the Middle East, and offers valuable lessons for societies soon to embark on constitution drafting or amendment processes where religion is an issue of contention.

Justice Interrupted

Author : Elizabeth F. Thompson
Publisher : Harvard University Press
ISBN 13 : 0674076095
Total Pages : 433 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Justice Interrupted by : Elizabeth F. Thompson

Download or read book Justice Interrupted written by Elizabeth F. Thompson and published by Harvard University Press. This book was released on 2013-04-15 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Arab Spring uprising of 2011 is portrayed as a dawn of democracy in the region. But the revolutionaries were—and saw themselves as—heirs to a centuries-long struggle for just government and the rule of law. In Justice Interrupted we see the complex lineage of political idealism, reform, and violence that informs today’s Middle East.

The Impossible State

Author : Wael B. Hallaq
Publisher : Columbia University Press
ISBN 13 : 0231530862
Total Pages : 273 pages
Book Rating : 4.2/5 (315 download)

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Book Synopsis The Impossible State by : Wael B. Hallaq

Download or read book The Impossible State written by Wael B. Hallaq and published by Columbia University Press. This book was released on 2012-11-20 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wael B. Hallaq boldly argues that the "Islamic state," judged by any standard definition of what the modern state represents, is both impossible and inherently self-contradictory. Comparing the legal, political, moral, and constitutional histories of premodern Islam and Euro-America, he finds the adoption and practice of the modern state to be highly problematic for modern Muslims. He also critiques more expansively modernity's moral predicament, which renders impossible any project resting solely on ethical foundations. The modern state not only suffers from serious legal, political, and constitutional issues, Hallaq argues, but also, by its very nature, fashions a subject inconsistent with what it means to be, or to live as, a Muslim. By Islamic standards, the state's technologies of the self are severely lacking in moral substance, and today's Islamic state, as Hallaq shows, has done little to advance an acceptable form of genuine Shari'a governance. The Islamists' constitutional battles in Egypt and Pakistan, the Islamic legal and political failures of the Iranian Revolution, and similar disappointments underscore this fact. Nevertheless, the state remains the favored template of the Islamists and the ulama (Muslim clergymen). Providing Muslims with a path toward realizing the good life, Hallaq turns to the rich moral resources of Islamic history. Along the way, he proves political and other "crises of Islam" are not unique to the Islamic world nor to the Muslim religion. These crises are integral to the modern condition of both East and West, and by acknowledging these parallels, Muslims can engage more productively with their Western counterparts.

Constitutional Change in the Contemporary Socialist World

Author : Ngoc Son Bui
Publisher : Oxford University Press
ISBN 13 : 0192592025
Total Pages : 385 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Constitutional Change in the Contemporary Socialist World by : Ngoc Son Bui

Download or read book Constitutional Change in the Contemporary Socialist World written by Ngoc Son Bui and published by Oxford University Press. This book was released on 2020-07-24 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the collapse of the Soviet bloc, there are only five socialist or communist countries left in the world – China, Cuba, Laos, North Korea, and Vietnam – which constitute about one-quarter of the world’s population. Yet, there is little scholarship on their constitutions. These countries have seen varying socioeconomic changes in the decades since 1991, which have led in turn to constitutional changes. This book will investigate, from a comparative and interdisciplinary perspective, how and why the constitutional systems in these five countries have changed in the last three decades. The book then breaks the constitutional changes down into four questions: what are the substantive contents of constitutional change, what are the functions, what are the mechanisms, and what are the driving forces? These questions form a framework to process the changes the five countries have gone through, such as making new constitutions, amending current ones, introducing more rights, allowing citizens to engage in changes, enacting legislation, and defining the constitutional authority of the three state branches and their relationship with the Communist Party. While all five countries have adapted their constitutional systems, the degree, mechanisms, and influential factors are not identical and present considerable variations. This book examines and explores these differences and how they developed. Constitutional Change in the Contemporary Socialist World offers a comprehensive and holistic view of an understudied and overlooked area of constitutional law, essential for anyone studying or working in law, politics, or policy.

Arab Constitutionalism

Author : Zaid Al-Ali
Publisher : Cambridge University Press
ISBN 13 : 110842970X
Total Pages : 333 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Arab Constitutionalism by : Zaid Al-Ali

Download or read book Arab Constitutionalism written by Zaid Al-Ali and published by Cambridge University Press. This book was released on 2021-08-19 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: An insider's account and analysis of the largest concentration of constitutional reform since the end of the cold war.

Shari'a & Constitutional Reform in Indonesia

Author : Nadirsyah Hosen
Publisher : Institute of Southeast Asian Studies
ISBN 13 : 9812304029
Total Pages : 282 pages
Book Rating : 4.8/5 (123 download)

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Book Synopsis Shari'a & Constitutional Reform in Indonesia by : Nadirsyah Hosen

Download or read book Shari'a & Constitutional Reform in Indonesia written by Nadirsyah Hosen and published by Institute of Southeast Asian Studies. This book was released on 2007 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on constitutional reform in Indonesia (1999-2002) from the perspective of shari'a. The study reveals one possible picture of how Islam and constitutionalism can co-exist in the same vision, not without risk of tension, but with the possibility of success.

Constitutional Politics in the Middle East

Author : Said Amir Arjomand
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314058
Total Pages : 222 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Constitutional Politics in the Middle East by : Said Amir Arjomand

Download or read book Constitutional Politics in the Middle East written by Said Amir Arjomand and published by Bloomsbury Publishing. This book was released on 2008-01-17 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first comparative and interdisciplinary study of constitutional politics and constitution-making in the Middle East. The historical background and setting are fully explored in two substantial essays by Linda Darling and Saïd Amir Arjomand, placing the contemporary experience in the contexts, respectively, of the ancient Middle Eastern legal and political tradition and of the nineteenth and twentieth century legal codification and political modernization. These are followed by Ann Mayer's general analysis of the treatment of human rights in relation to Islam in Middle Eastern constitutions, and Nathan Brown's comparative scrutiny of the process of constitution-making in Iran, Afghanistan and Iraq with reference to the available constitutional theories which are shown to throw little or no light on it. The remaining essays are country by country case studies of Turkey, Afghanistan and Iraq, the case of Iran having been covered by Arjomand as the special point of reference. Mehmet Fevzi Bilgin examines the making and subsequent transformation of the Turkish Constitution of 1982 against current theories of constitutional and deliberative democracy, while Hootan Shambayati examines the institutional mechanism for protecting the ideological foundations of the Turkish Republic, most notably the Turkish Constitutional Court which offers a surprising parallel to the Iranian Council of Guardians. Arjomand's introduction brings together the bumpy experience of the Middle East along the long road to political reconstruction through constitution-making and constitutional reform, drawing some general analytical lessons from it and showing the consequences of the origins of the constitutions of Turkey and Iran in revolutions, and of Afghanistan and Iraq in war and foreign invasion.

Law and Religion in Indonesia

Author : Melissa Crouch
Publisher : Routledge
ISBN 13 : 1134508360
Total Pages : 282 pages
Book Rating : 4.1/5 (345 download)

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Book Synopsis Law and Religion in Indonesia by : Melissa Crouch

Download or read book Law and Religion in Indonesia written by Melissa Crouch and published by Routledge. This book was released on 2013-11-12 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding and managing inter-religious relations, particularly between Muslims and Christians, presents a challenge for states around the world. This book investigates legal disputes between religious communities in the world’s largest majority-Muslim, democratic country, Indonesia. It considers how the interaction between state and religion has influenced relations between religious communities in the transition to democracy. The book presents original case studies based on empirical field research of court disputes in West Java, a majority-Muslim province with a history of radical Islam. These include criminal court cases, as well as cases of judicial review, relating to disputes concerning religious education, permits for religious buildings and the crime of blasphemy. The book argues that the democratic law reform process has been influenced by radical Islamists because of the politicization of religion under democracy and the persistence of fears of Christianization. It finds that disputes have been localized through the decentralization of power and exacerbated by the central government’s ambivalent attitude towards radical Islamists who disregard the rule of law. Examining the challenge facing governments to accommodate minorities and manage religious pluralism, the book furthers understanding of state-religion relations in the Muslim world. This accessible and engaging book is of interest to students and scholars of law and society in Southeast Asia, was well as Islam and the state, and the legal regulation of religious diversity.

Development of Muslim Theology, Jurisprudence and Constitutional Theory

Author : Duncan Black Macdonald
Publisher : Library of Alexandria
ISBN 13 : 1613102488
Total Pages : 411 pages
Book Rating : 4.6/5 (131 download)

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Book Synopsis Development of Muslim Theology, Jurisprudence and Constitutional Theory by : Duncan Black Macdonald

Download or read book Development of Muslim Theology, Jurisprudence and Constitutional Theory written by Duncan Black Macdonald and published by Library of Alexandria. This book was released on 2020-09-28 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Struggle for Constitutional Power

Author : Tamir Moustafa
Publisher : Cambridge University Press
ISBN 13 : 1139465112
Total Pages : 339 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Struggle for Constitutional Power by : Tamir Moustafa

Download or read book The Struggle for Constitutional Power written by Tamir Moustafa and published by Cambridge University Press. This book was released on 2007-06-11 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: For nearly three decades, scholars and policymakers have placed considerable stock in judicial reform as a panacea for the political and economic turmoil plaguing developing countries. Courts are charged with spurring economic development, safeguarding human rights, and even facilitating transitions to democracy. How realistic are these expectations, and in what political contexts can judicial reforms deliver their expected benefits? This book addresses these issues through an examination of the politics of the Egyptian Supreme Constitutional Court, the most important experiment in constitutionalism in the Arab world. The Egyptian regime established a surprisingly independent constitutional court to address a series of economic and administrative pathologies that lie at the heart of authoritarian political systems. Although the Court helped the regime to institutionalize state functions and attract investment, it simultaneously opened new avenues through which rights advocates and opposition parties could challenge the regime. The book challenges conventional wisdom and provides insights into perennial questions concerning the barriers to institutional development, economic growth, and democracy in the developing world.

Constitutionalism, Human Rights, and Islam after the Arab Spring

Author : Rainer Grote
Publisher : Oxford University Press
ISBN 13 : 0190627662
Total Pages : 993 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Constitutionalism, Human Rights, and Islam after the Arab Spring by : Rainer Grote

Download or read book Constitutionalism, Human Rights, and Islam after the Arab Spring written by Rainer Grote and published by Oxford University Press. This book was released on 2016-07-25 with total page 993 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism, Human Rights, and Islam after the Arab Spring offers a comprehensive analysis of the impact that new and draft constitutions and amendments - such as those in Jordan, Morocco, Syria, Egypt, and Tunisia - have had on the transformative processes that drive constitutionalism in Arab countries. This book aims to identify and analyze the key issues facing constitutional law and democratic development in Islamic states, and offers an in-depth examination of the relevance of the transformation processes for the development and future of constitutionalism in Arab countries. Using an encompassing and multi-faceted approach, this book explores underlying trends and currents that have been pivotal to the Arab Spring, while identifying and providing a forward looking view of constitution making in the Arab world.

Intellectuals in the Modern Islamic World

Author : Stéphane A. Dudoignon
Publisher : Taylor & Francis
ISBN 13 : 0415368359
Total Pages : 397 pages
Book Rating : 4.4/5 (153 download)

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Book Synopsis Intellectuals in the Modern Islamic World by : Stéphane A. Dudoignon

Download or read book Intellectuals in the Modern Islamic World written by Stéphane A. Dudoignon and published by Taylor & Francis. This book was released on 2006 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consisting of two parts the volume focuses first on "al-Manar", the influential journal published between 1898 and 1935 and which inspired much imagination and arguments among local intelligentsias all over the Islamic world. The second part discusses the formation, transmission and transformation of learning and authority, from the Middle East to Central and Southeast Asia.

Constitutions in Authoritarian Regimes

Author : Tom Ginsburg
Publisher : Cambridge University Press
ISBN 13 : 1107047668
Total Pages : 283 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Constitutions in Authoritarian Regimes by : Tom Ginsburg

Download or read book Constitutions in Authoritarian Regimes written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2014 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.

Afghanistan Rising

Author : Faiz Ahmed
Publisher : Harvard University Press
ISBN 13 : 0674971949
Total Pages : 448 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Afghanistan Rising by : Faiz Ahmed

Download or read book Afghanistan Rising written by Faiz Ahmed and published by Harvard University Press. This book was released on 2017-11-06 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Debunking conventional narratives of Afghanistan as a perennial war zone and the rule of law as a secular-liberal monopoly, Faiz Ahmed presents a vibrant account of the first Muslim-majority country to gain independence, codify its own laws, and ratify a constitution after the fall of the Ottoman Empire. Afghanistan Rising illustrates how turn-of-the-twentieth-century Kabul--far from being a landlocked wilderness or remote frontier--became a magnet for itinerant scholars and statesmen shuttling between Ottoman and British imperial domains. Tracing the country's longstanding but often ignored scholarly and educational ties to Baghdad, Damascus, and Istanbul as well as greater Delhi and Lahore, Ahmed explains how the court of Kabul attracted thinkers eager to craft a modern state within the interpretive traditions of Islamic law and ethics, or shariʿa, and international norms of legality. From Turkish lawyers and Arab officers to Pashtun clerics and Indian bureaucrats, this rich narrative focuses on encounters between divergent streams of modern Muslim thought and politics, beginning with the Sublime Porte's first mission to Afghanistan in 1877 and concluding with the collapse of Ottoman rule after World War I. By unearthing a lost history behind Afghanistan's founding national charter, Ahmed shows how debates today on Islam, governance, and the rule of law have deep roots in a beleaguered land. Based on archival research in six countries and as many languages, Afghanistan Rising rediscovers a time when Kabul stood proudly as a center of constitutional politics, Muslim cosmopolitanism, and contested visions of reform in the greater Islamicate world.

Civil Democratic Islam

Author : Cheryl Benard
Publisher : Rand Corporation
ISBN 13 : 0833036203
Total Pages : 89 pages
Book Rating : 4.8/5 (33 download)

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Book Synopsis Civil Democratic Islam by : Cheryl Benard

Download or read book Civil Democratic Islam written by Cheryl Benard and published by Rand Corporation. This book was released on 2004-03-25 with total page 89 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the face of Islam's own internal struggles, it is not easy to see who we should support and how. This report provides detailed descriptions of subgroups, their stands on various issues, and what those stands may mean for the West. Since the outcomes can matter greatly to international community, that community might wish to influence them by providing support to appropriate actors. The author recommends a mixed approach of providing specific types of support to those who can influence the outcomes in desirable ways.