Constitutionalism, Human Rights, and Islam after the Arab Spring

Constitutionalism, Human Rights, and Islam after the Arab Spring
Author: Rainer Grote
Publisher: Oxford University Press
Total Pages: 993
Release: 2016-07-25
Genre: Law
ISBN: 0190627662

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.

Constitutionalism, Human Rights, and Islam After the Arab Spring

Constitutionalism, Human Rights, and Islam After the Arab Spring
Author: Rainer Grote
Publisher: Oxford University Press
Total Pages: 993
Release: 2016
Genre: Law
ISBN: 0190627646

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.

Constitutionalism in Islamic Countries: Between Upheaval and Continuity

Constitutionalism in Islamic Countries: Between Upheaval and Continuity
Author: Rainer Grote
Publisher: Oxford University Press, USA
Total Pages: 755
Release: 2012-02-16
Genre: History
ISBN: 019975988X

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.

Islam, Constitutional Law and Human Rights

Islam, Constitutional Law and Human Rights
Author: Tommaso Virgili
Publisher: Routledge
Total Pages: 214
Release: 2021-09-15
Genre: Law
ISBN: 0429535090

This book focuses on Islamic constitutionalism, and in particular on the relation between religion and the protection of individual liberties potentially clashing with sharica and the Islamic ethos. The analysis goes from general to particular, starting with a theoretical overview on constitutionalism, human rights and Islam, moving to the assessment of the post-Arab Spring Constitutions of Egypt and Tunisia, and concluding with a specific focus on the rights of sexual minorities and freethinkers. Part I provides a theoretical account of the conception of constitutionalism and human rights in Islam, compared and contrasted with Western constitutionalism. A set of issues where the tension between sharica and human rights is accentuated is analysed against the backdrop of the main Islamic charters of rights. Part II conducts a similar assessment based on the Constitutions of Tunisia and Egypt – the two main epicentres of the Arab Spring. Part III moves to two specific rights in the same countries, from the twofold perspective of the Constitutions and international law: the freedom from interference in one’s intimate life, with particular regard to homosexuality; and the freedom of holding and expressing nonconventional beliefs, deemed unacceptable from the point of view of traditional Islam. These issues have been chosen as representative of the most controversial, still considered taboo in both legal and social terms, hence at the fringes of the debate on individual freedoms. Focusing on two overlooked and underexplored issues, the work thus pushes the boundaries of the human rights discourse in Muslim contexts.

Constitution Writing, Religion and Democracy

Constitution Writing, Religion and Democracy
Author: Aslı Ü. Bâli
Publisher: Cambridge University Press
Total Pages: 0
Release: 2018-06-21
Genre: Law
ISBN: 9781107694545

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.

Islam and the Challenge of Democracy

Islam and the Challenge of Democracy
Author: Khaled Abou El Fadl
Publisher: Princeton University Press
Total Pages: 146
Release: 2004-03-28
Genre: Religion
ISBN: 0691119384

The events of September 11 and the subsequent war on terrorism have provoked widespread discussion about the possibility of democracy in the Islamic world. Such topics as the meaning of jihad, the role of clerics as authoritative interpreters, and the place of human rights and toleration in Islam have become subjects of urgent public debate around the world. With few exceptions, however, this debate has proceeded in isolation from the vibrant traditions of argument within Islamic theology, philosophy, and law. Islam and the Challenge of Democracy aims to correct this deficiency. The book engages the reader in a rich discourse on the challenges of democracy in contemporary Islam. The collection begins with a lead essay by Khaled Abou El Fadl, who argues that democracy, especially a constitutional democracy that protects basic individual rights, is the form of government best suited to promoting a set of social and political values central to Islam. Because Islam is about submission to God and about each individual's responsibility to serve as His agent on Earth, Abou El Fadl argues, there is no place for the subjugation to human authority demanded by authoritarian regimes. The lead essay is followed by eleven others from internationally respected specialists in democracy and religion. They address, challenge, and engage Abou El Fadl's work. The contributors include John Esposito, Muhammad Fadel, Noah Feldman, Nader Hashemi, Bernard Haykel, Muqtedar Khan, Saba Mahmood, David Novak, William Quandt, Kevin Reinhart, and Jeremy Waldron.

Constitutions in Authoritarian Regimes

Constitutions in Authoritarian Regimes
Author: Tom Ginsburg
Publisher: Cambridge University Press
Total Pages: 283
Release: 2014
Genre: Law
ISBN: 1107047668

This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.

Egypt After Mubarak

Egypt After Mubarak
Author: Bruce K. Rutherford
Publisher: Princeton University Press
Total Pages: 343
Release: 2013-02-24
Genre: Political Science
ISBN: 0691158045

"Egypt after Mubarak demonstrates that both secular and Islamist opponents of the regime are navigating a middle path that may result in a uniquely Islamic form of liberalism and, perhaps, democracy." "Essential reading on a subject of global importance, Egypt after Mubarak draws upon in-depth interviews with Egyptian judges, lawyers, Islamic activists, politicians, and businesspeople. It also utilizes major court rulings, political documents of the Muslim Brotherhood, and the writings of Egypt's leading contemporary Islamic thinkers."--BOOK JACKET.

Seeking Legitimacy

Seeking Legitimacy
Author: Aili Mari Tripp
Publisher: Cambridge University Press
Total Pages: 337
Release: 2019-08-08
Genre: Law
ISBN: 110842564X

A comparative study based on extensive fieldwork, and an original database of gender-based reforms in the Middle East and North Africa, Aili Mari Tripp analyzes why autocratic leaders in Morocco, Algeria and Tunisia adopted more extensive women's rights than their Middle Eastern counterparts.

Conference of the Books

Conference of the Books
Author: Khaled Abou El Fadl
Publisher: Rlpg/Galleys
Total Pages: 448
Release: 2001
Genre: Political Science
ISBN:

Abou El Fadl (Islamic law, UCLA School of Law) wrote the 62 brief essays here over the course of five years. Through a combination of musings and critical reflections on classical Muslim authors, he both traces Muslim intellectual history and also confronts questions of ethics, faith, law, politics, culture, and modern identity. He ranges over many facets of Islam in the contemporary world, exploring censorship, political oppression, terrorism, the veil and the treatment of women, marriage, parental rights, the dynamics between law and morality, the character of the prophet Muhammad, and other topics. About half the essays first appeared in The minaret magazine. c. Book News Inc.