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Shari'a and the Constitution in Contemporary Legal Models: Two Worlds in Dialogue


ISBN13: 9783031378355
Published: March 2024
Publisher: Palgrave Macmillan
Country of Publication: Switzerland
Format: Hardback
Price: £109.99



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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 shari'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 shari'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.

Subjects:
Islamic Law
Contents:
Chapter One. INTRODUCTION: A SYSTEMATIC APPROACH TO ISLAM AND CONSTITUTIONAL PRACTICE
Chapter Two. NO SHARI'A IN THE LAND OF SHARI'A
Chapter Three. SHARI'A IN THE CONSTITUTION AND THE CONSTITUTION OF SHARI'A
Chapter Four. THE SAUDI MODEL AND SHARI'A AS CONSTITUTION
Chapter Five. THE JURIDICAL DIMENSION OF ISLAMIC FUNDAMENTALISM: THE CASE OF ISIS
Chapter Six. SHARI'A AND THE WEST, AND SHARI'A IN THE WEST
Chapter Seven. CONCLUSION: A FEW REMARKS FOR FURTHER REFLECTION