Constitutionalism in Islamic countries : between upheaval and continuity

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Cover; Contents; Preface; Editors' Note on the Transliterations; Introduction; PART 1: CONSTITUTIONALISM AND ISLAM: CONCEPTUAL ISSUES; 1.1 Constitutionalism in Islamic Countries: A Contemporary Perspective of Islamic Law; I. Overview; II. Theoretical Issues; III. The Islamic System of Rule; IV. Conclusion; 1.2 The Centrality of Sharī'ah to Government and Constitutionalism in Islam; I. Introduction; II. The Notion of Constitutionalism and Majoritarian Democracy; III. The Main Concepts of Islamic Political Thought: A Government Bound by Rule of Law; IV. Justice as a Core Constitutional Value V. The Instrumentalities of Government in Islamic ThoughtVI. The Possibility of Individual Rights; VII. Constitutionalism and Sharī'ah; 1.3 The Separation of Powers in the Tradition of Muslim Governments; I. Introduction; II. Separation of Powers from the Perspective of Islamic Tradition; III. Contemporary Questions in Islamic Constitutionalism; IV. Conclusion; PART 2: INTERRELATIONS BETWEEN CONSTITUTIONALISM AND SHARĪ'AH: ANTAGONISM OR COMPLEMENTARITY?; 2.1 Constitutionalism in Islamic Countries: A Survey from the Perspective of International Law; I. Introduction II. The Historical Development of the Relationship Between Islamic Law and International LawIII. Reference to Human Rights and International Law in the Constitutions of Islamic States; IV. The Impact of the Sharī'ah on the Ratification of International Human Rights Treaties; V. Conclusion; 2.2 The Limited Applicability of Sharī'ah under the Constitution of Nigeria; I. Introduction; II. History and Nature of Nigeria: In a Nutshell; III. Application of Sharī'ah in Nigeria: Before and During the British Colonial Rule IV. The "Sharī'ah Question" in Nigeria: The Great Debate on the Application of Sharī'ah since the 1960sV. The 1999 Constitution of Nigeria and Sharī'ah; VI. Conclusions; 2.3 Constitutionalism in the Maghreb: Between French Heritage and Islamic Concepts; I. Introduction; II. Constitutions in the Maghreb-Historical Precedents; III. Maghreb Constitutions and the Rule of Law-A Difficult Relationship; IV. The Role of Islam and Islamic Law in the Constitutions of the Maghreb; V. The Impact of French Heritage; 2.4 The Relationship between the Constitution and the Sharī'ah in Egypt I. Religion and SocietyII. Secularism and Limiting the Power of the Clergy; III. The Case of Egypt; IV. Islamic Norms Gain Constitutional Value: A Modern Trend toward Integration; V. The Judicial Contribution to the Debate; VI. The Supreme Constitutional Court and Art. 2 of the Constitution; VII. Conclusion; 2.5 Secularism in Islamic Countries: Turkey as a Model; I. Introduction; II. The Development toward Secularism since the Nineteenth Century; III. The Distinct Character of Turkish Secularism; IV. The Turkish Constitutional Court as Defender of Assertive Secularism