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Summary

Utilizing historical case studies from Iran, Afghanistan, Egypt, and Iraq, Chapter 4 delves into the question of how, why, and when the Islamic supremacy clause entered constitution making in the Muslim world and how it affected the incorporation of human rights in the constitutions of Muslim-majority states. It illustrates that both human rights and Islam are often democratically and popularly demanded by majorities in some Muslim countries; therefore, both represent popular aspirations rather than theocratic imposition. That is, they are often carefully bargained and compromised provisions in constitutions.

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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4 - Case Studies

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3 - Constitutional Islamization and Islamic Supremacy Clauses

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2 results

4 - Case Studies

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3 - Constitutional Islamization and Islamic Supremacy Clauses

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