Democracy under God: Constitutions, Islam and Human Rights in the Muslim World

by Dawood Ahmed, Muhammad Zubair Abbasi

Overview

State recognition of Islam in Muslim countries invites fierce debate from scholars and politicians alike, some of whom assume an inherent conflict between Islam and liberal democracy. Analyzing case studies and empirical data from several Muslim-majority countries, Ahmed and Abbasi find, counterintuitively, that in many Muslim countries, constitutional recognition of Islam often occurs during moments of democratization. Indeed, the insertion of Islam in a constitution is frequently accompanied by an expansion, not a reduction, in constitutional human rights, with case law from higher courts in Egypt and Pakistan demonstrating that potential tensions between the constitutional pursuit of human rights, liberal democracy and Islam are capable of judicial resolution. The authors also argue that colonial history was pivotal in determining whether a country adopted the constitutional path of Islam or secularism partly explaining why Islam in constitutional politics survived and became more prevalent in Muslim countries that were colonized by the British, and not those colonized by the French or Soviets.

Product Details

ISBN-13:	9781009325073
Publisher:	Cambridge University Press
Publication date:	03/02/2023
Series:	Comparative Constitutional Law and Policy
Sold by:	Barnes & Noble
Format:	eBook
File size:	5 MB

About the Author

Dawood Ahmed is a research fellow at the Comparative Constitutions Project and has worked with the United Nations and the Max Planck Foundation for International Peace and the Rule of Law on constitutional design projects. He has published several journal articles on public international law and constitutional Islam and has authored opinion pieces for the popular press.
Muhammad Zubair Abbasi is a Lecturer at Bradford University. His research focuses on the relationship between shari'a and state law, Islamic law and jurisprudence (usul al-fiqh) in the contemporary world, and comparative law, family law, and constitutional law. He is an editor for Harvard Law School's SHARIAsource and associate editor of the Yearbook of Islamic and Middle Eastern Law.

Table of Contents

Introduction; Part I. 1. Islamic constitutionalism: origins and present; 2. What is an Islamic constitution?; Part II. 3. Constitutional Islamisation and Islamic supremacy clauses; 4. Case studies; Part III. 5. Islamic supremacy clauses and rights – Islamic review in practice; Conclusion.

Editorial Reviews

‘In this book, Ahmed and Abbasi present a systematic argument and a powerful empirical lens to study the interface of religion, law, and politics in the Muslim world. Democracy under God presents an original and illuminating perspective on Islamic constitutionalism, which is supported by multi-disciplinary perspectives and a rich array of historical and contemporary empirical cases ranging from the Ottoman Empire to West Africa and Pakistan. This is a provocative and insightful book that will be of interest to a wide audience.' Adeel Malik, University of Oxford

‘In this wide-ranging book, Ahmed and Abbasi closely analyse the role of religious faith in the crafting of constitutions of diverse Muslim-majority countries. Taking nothing for granted while exploring the critical tension between human rights and Islam, the authors provide a profound insightful take that compels readers to question their assumptions. As a broad comparative study, the book is essential reading for scholars of law and religion, legal historians and constitutional law.’ Nurfadzilah Yahaya, Yale University

From the Publisher