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3 - Constitutional Islamization and Islamic Supremacy Clauses

from Part II

Published online by Cambridge University Press:  23 February 2023

Dawood Ahmed
Affiliation:
Comparative Constitutions Project
Muhammad Zubair Abbasi
Affiliation:
University of Bradford
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Summary

Chapter 3 deals with Islamic supremacy clauses, source of law clauses, and repugnancy clauses, which are present in almost half of all Muslim countries’ constitutions. Islamic supremacy clauses subjugate all lawmaking to Islam, shari‘a, or Islamic precepts. This chapter traces the origins and incidence of these clauses – by finding their birth in British colonial law – and traces their relationship to demography, geography, colonial history, and human rights provisions.

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Chapter
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Democracy under God
Constitutions, Islam and Human Rights in the Muslim World
, pp. 75 - 99
Publisher: Cambridge University Press
Print publication year: 2023

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