The Rule Of Law Islam And Constitutional Politics In Egypt And Iran

In recent years, Egypt and Iran have been beset with demands for fundamental change. The Rule of Law, Islam, and Constitutional Politics in Egypt and Iran draws together leading regional experts to provide a penetrating comparative analysis of the ways Islam is entangled with the process of democratization in authoritarian regimes. By comparing Islam and the rule of law in these two nations, one Sunni and Arab-speaking, the other Shi>ite and Persian-speaking, this volume enriches the current debate on Islam and democracy, making for a more nuanced understanding and appreciation of differences with the Muslim world, and provides an indispensible background for understanding the Green movement in Iran since 2009 and the Egyptian revolution of 2011

This volume explores the recent decision by Egypt to constitutionalize sharīʿa and analyzes the Egyptian judiciary’s attempts to argue that sharī‘a is consistent with human rights. It will interest anyone studying Islamic law, constitutional thought in the Middle East, or Islam and human rights.

Nathan Brown's penetrating account of the development and operation of the courts in the Arab world is based on fieldwork in Egypt and the Gulf. The book addresses several important questions. Why, for example, did Egypt's political leaders construct an independent judicial system that limited their own authority? And why does such a system appeal to Arab rulers outside Egypt? While most accounts stress the role of imperialism or liberal ideology, the author maintains that the primary purpose of the system is to provide support for the officially sanctioned order. The model offers similar attractions for other Arab rulers. From the theoretical perspective, the book will contribute to the debates about liberal legality, political change and the relationship between law and society in the developing world. It will be read by scholars of the Middle East, law students and those interested in the history of law and its evolution.

The place of Islam in constitutions invites fierce debate from scholars and politicians alike. Many of these debates assume an inherent conflict between constitutional Islam and 'secular' values of liberal democracy and human rights. Using case studies from several Muslim-majority states, this book surveys the history and role of Islam in constitutions. Tracing the origins of constitutional Islam, Dawood Ahmed and Muhammad Zubair Abbasi argue that colonial history and political bargaining were pivotal factors in determining whether a country adopted Islam, and not secularism, in its constitution. Contrary to the common contention that the constitutional incorporation of Islam is generally antithetical to human rights, Ahmed and Abbasi show not only that Islam has been popularly demanded and introduced into constitutions during periods of 'democratization' and 'modernization' but also that constitutional Islamization has frequently been accompanied by an expansion in constitutional human rights.

Comparative study of Islam and the rule of law in Egypt and Iran.

Since the Universal Declaration of Human Rights, much attention has been focused on an international standard on human rights applicable to all cultures. But is this standard observed by Middle Eastern and Islamic governments and enforced by their judiciaries? In this country-by-country survey, a range of distinguished scholars, practitioners and judges explore how the concepts of ""the Rule of Law"" and ""Human Rights"" are being debated and applied in the Middle East.

Indispensable for understanding the recent conflicts in Iran, Religion and Politics in Contemporary Iran provides a political history of the fluctuating relationships between the Islamic clergy and Iranian government since 1925. How different factions of the clergy, or ulama first lost and then regained a powerful position in Iran is the subject of this book. Akhavi analyzes how various factions within the clergy have responded to the government's efforts to encourage modernization and secularization, giving particular attention to the changes in the madrasahs, or theological colleges. He examines the main themes of the AyatullaH Khymayni's book, Islamic Government, and concludes by examining the alignments among the clergy in the past that indicate how they may develop in the future.