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Constitutionalism in Islamic Countries: Between Upheaval and Continuity$
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Rainer Grote and Tilmann Röder

Print publication date: 2012

Print ISBN-13: 9780199759880

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:osobl/9780199759880.001.0001

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The Centrality of Sharī‘ah to Government and Constitutionalism in Islam

The Centrality of Sharī‘ah to Government and Constitutionalism in Islam

Chapter:
(p.35) 1.2 The Centrality of Sharī‘ah to Government and Constitutionalism in Islam
Source:
Constitutionalism in Islamic Countries: Between Upheaval and Continuity
Author(s):

Khaled Abou El Fadl

Publisher:
Oxford University Press
DOI:10.1093/acprof:osobl/9780199759880.003.0003

This chapter examines potentialities, i.e. the doctrinal aspects in Islamic political thought that could legitimate, promote, or subvert the emergence of a constitutional practice in Muslim cultures. These doctrinal potentialities exist in a dormant state until they are co-opted and directed by systematic thought supported by cumulative social practices. The discussions focus on doctrinal potentialities or concepts constructed by the interpretive activity of Muslim scholars (primarily jurists). It covers the notion of constitutionalism and majoritarian democracy; the main concepts of Islamic political thought; justice as a core constitutional value; the instrumentalities of government in Islamic thought; the possibility of individual rights; and constitutionalism and Sharīʻah.

Keywords:   Muslim jurists, constitutionalism, majoritarian democracy, Islamic political thought, justice, individual rights, Sharīʻah

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