Democracy under God: Constitutional Islamization and human rights
[Thesis]
[Thesis]
[Thesis]
[Thesis]
Dawood Ahmed
Ginsburg, Tom; Posner, Eric
The University of Chicago
2014
232
Place of publication: United States, Ann Arbor; ISBN=978-1-321-43215-2
J.S.D.
Law
The University of Chicago
2014
The Arab Spring, the military coup in Egypt and the Taliban insurgency in Pakistan and Afghanistan have once again highlighted the political stakes of incorporating Islam within a constitution. Many constitutions in the Muslim world include clauses that recognize the Islamic character of the state. The prevalence and impact of these clauses is of immense importance for constitutional design-not just for Muslim countries but also for U.S. foreign policy in the region, which became engaged in the issue during constitution-writing in Afghanistan and Iraq. Yet, there is little scholarship empirically analyzing this phenomenon, also sometimes referred to as 'Constitutional Islamization'. Hence, several important questions remain unanswered. Specifically, how prevalent is Constitutional Islamization? Which countries have the most or least Islamized constitutions? Do secular countries in the Muslim world promise more human rights than Islamic countries? Does having more Islam in the constitution correlate with weaker political participation and gender equality? Do constitutions that incorporate clauses that make Islam or Islamic law supreme in the constitution necessarily endanger human rights?
Religion; Law; Middle Eastern Studies; Public administration