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Democracy under God: Constitutional ...

Ahmed, Dawood.

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Democracy under God: Constitutional Islamization and human rights.

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	Democracy under God: Constitutional Islamization and human rights./
作者:	Ahmed, Dawood.
面頁冊數:	232 p.
附註:	Source: Dissertation Abstracts International, Volume: 76-05(E), Section: A.
Contained By:	Dissertation Abstracts International76-05A(E).
標題:	Law. -
電子資源:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=3668226
ISBN:	9781321432152

Democracy under God: Constitutional Islamization and human rights.
Ahmed, Dawood.

Democracy under God: Constitutional Islamization and human rights. - 232 p.

Source: Dissertation Abstracts International, Volume: 76-05(E), Section: A.

Thesis (J.S.D.)--The University of Chicago, 2014.

This item must not be sold to any third party vendors.

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?

ISBN: 9781321432152Subjects--Topical Terms:

600858
Law.

Democracy under God: Constitutional Islamization and human rights.
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500 $a Source: Dissertation Abstracts International, Volume: 76-05(E), Section: A.
500 $a Advisers: Tom Ginsburg; Eric Posner.
502 $a Thesis (J.S.D.)--The University of Chicago, 2014.
506 $a This item must not be sold to any third party vendors.
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520 $a 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?
520 $a This dissertation tries to fills this gap. Relying on an original dataset based on the coding of constitutions of all Muslim majority countries globally, it introduces the Islamic Constitutions Index (ICI)---the first index to measure and rank constitutions according to their Islamicity. Using this index as a proxy for Constitutional Islamization, it investigates the universe of Islamic constitutions to assess how prevalent and what forms Islamization of constitutions takes. The analysis shows that roughly half of all Muslim majority countries have Islamic features in their constitution and geography and colonialism seem to have some influence on Islamicity. Further, in terms of Islamicity, Saudi Arabia, Iran and Pakistan lead the rankings of Constitutional Islamization while the Central Asian countries all have secular constitutions. The dissertation also shows that while Muslim countries' constitutions generally promise a number of important human rights and none explicitly incorporate corporal punishments, constitutions that privilege secularism tend to, on average, promise more rights than constitutions that privilege Islam. Indeed, of the top 10 countries in the Muslim world measured in terms of de jure constitutional promise of rights, all but one---Maldives, are secular. Further, the dissertation undertakes a detailed analysis of perhaps the most important Islamic clause found in constitutions---the Islamic Supremacy clause---which declares Islamic law supreme or provides that laws repugnant to Islam will be void. Relying on the data and employing case studies from four countries---Iran, Afghanistan, Egypt and Iraq---it traces the origin and adoption of Islamic supremacy clauses since their first appearance in Iran in 1907. The dissertation makes three counterintuitive claims with regards to this particular type of Islamic clause: that the repugnancy clause---the most robust form of Islamic supremacy clause---has its origins in British colonial law/ Second, the argument advanced is also that these clauses are not only popularly demanded, but are also first introduced into their respective jurisdictions during moments of liberalization and modernization. Third, contrary to the claims of those who assume that the constitutional incorporation of Islam will be antithetical to human rights, it finds that almost every instance of "Constitutional Islamization" is accompanied by an expansion, and not a reduction, in the rights provided by the constitution. Indeed, constitutions which incorporate Islamic supremacy clauses are even more rights-heavy than constitutions of many other Muslim countries which do not incorporate these clauses. The dissertation explains the incidence of this surprising relationship using the logic of coalitional politics. Although preliminary and a very basic step into assessing the incidence of political Islam in constitutions empirically, this work has considerable implications: not only can it provide some support to peace-making efforts with Islamic militant groups doubting the Islamic character of the states they are fighting, it also implies that the Muslim world may in fact chart its own version of "Islamic constitutional democracy" that may be different from the Western paradigm of democracy and reinforces the view that sometimes more democracy in the Muslim world may mean more Islam in the public sphere.The findings also imply that outsiders monitoring constitution-making in majority Muslim countries who argue for the exclusion of Islamic clauses are focused on a straw man since Constitutional Islamization appears to be popular in a number of Muslim countries. On a normative level, considering the popularity of inserting both Islam and rights in constitutions, this dissertation suggests that constitutional advisors should focus more attention on the basic political structures of the constitution, including the design of constitutional courts and other bodies that will engage in interpretation, than on the Islamic provisions themselves.
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