
Shari'a and the Constitution in Contemporary Legal Models
Two Worlds in Dialogue
- English
- ePUB (mobile friendly)
- Available on iOS & Android
Shari'a and the Constitution in Contemporary Legal Models
Two Worlds in Dialogue
About this book
This comparative law book aims at formulating a new analytical approach to constitutional comparisons, assuming as a starting point the different legal perspectives implied in the (Sunni) Islamic outlook on the juridical phenomena and the Western concept of law, with particular reference to constitutionalism. The volume adopts a wider and comprehensive viewpoint, comparing the different ways in which the Islamic shar??a and Western legal categories interact, regardless of substantive contents of specific provisions, thus avoiding conceptual biases that can sometime affect present literature on the matter. The book explores the various dynamics subtended to the interactions between shar??a and Western constitutionalism, providing a new classification to the different contemporary models. The philosophical and legal comparisons are analyzed in a dynamic way, based on a wide range of contemporary constitutional systems, virtually encompassing all the States in which Sunni Islam plays a major cultural role, and taking also into consideration non-State actors and non-recognized actors.
"Published in cooperation with gLAWcal - Global Law Initiatives for Sustainable Development, Hornchurch, Essex, United Kingdom".
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Information
Table of contents
- Cover
- Front Matter
- 1. Introduction: A Systematic Approach to Islam and Constitutional Practice
- 2. No Sharīʿa in the Land of Sharīʿa
- 3. Sharīʿa in the Constitution and the Constitution of Sharīʿa
- 4. The Saudi Model and Sharīʿa as Constitution
- 5. The Juridical Dimension of Islamic Fundamentalism: The Case of ISIS
- 6. Sharīʿa and the West, and Sharīʿa in the West
- 7. Conclusion: A Few Remarks for Further Reflections
- Back Matter