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Journal articles on the topic 'Constitutional (Islamic law)'
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NELSON, Matthew J. "Indian Basic Structure Jurisprudence in the Islamic Republic of Pakistan: Reconfiguring the Constitutional Politics of Religion." Asian Journal of Comparative Law 13, no. 2 (December 2018): 333–57. http://dx.doi.org/10.1017/asjcl.2018.18.
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AbstractIn both India and Pakistan, parliament is constitutionally endowed with ‘constituent power’, that is, the power to introduce constitutional amendments via procedures laid down in the constitution itself. Duly promulgated amendments, however, are occasionally struck down when Supreme Court judges see them as violating what the judges themselves define as the ‘essential features’ of each country’s constitutional ‘basic structure’. I trace the migration of basic structure jurisprudence from India to Pakistan, focusing on the ways in which it has elevated the power of judges over that of elected officials in the realm of religion-state relations. Specifically, I highlight the ways in which judicial independence vis-à-vis judicial appointments has been described as an essential feature of each country’s constitution, greatly enhancing the autonomous power of judges to mould constitutional benches that, in turn, define India’s constitutional understanding of secularism and Pakistan’s relationship with Islam.
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Harding, Andrew. "Malaysia: Religious Pluralism and the Constitution in a Contested Polity." Middle East Law and Governance 4, no. 2-3 (2012): 356–85. http://dx.doi.org/10.1163/18763375-00403007.
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Malaysia has a classically plural society with a Malay/ Muslim majority and a legal system which, for historical reasons, is bifurcated between the common law and Islamic law. It also has a colonial-era federal constitution under which Islam is a state issue. Disputes concerning religion are both many and divisive. They are dealt with mainly in constitutional terms, especially in debates about the notion of an Islamic state, in light of Article 3 and the enshrinement of an official religion and in litigation. The latter is rendered complex by the separation of Islamic from common law jurisdiction in 1988, a fact that has given rise to highly sensitive and troubling litigation involving, especially, religious conversion in Lina Joy (2007). This article traces historical developments relating to religion and the law, and finds cause for some optimism that religious divides can be bridged by constitutional means, in light of recent judicial responses and evolving debates about the constitutional position of Islam.
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Samad, J. "The Past and Future of Islamic Constitutional Law." Journal of Church and State 53, no. 1 (May 19, 2011): 109–21. http://dx.doi.org/10.1093/jcs/csr011.
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Nawawie, A. Hasyim. "Eksistensi Hukuman Mati di Indonesia." Jurnal Pemikiran Keislaman 28, no. 1 (December 21, 2017): 177–205. http://dx.doi.org/10.33367/tribakti.v28i1.475.
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This study aims the death penalty in Indonesia. We know where the death penalty is contrary or not in terms of the constitution and Islamic law, then we can conclude that if the legal implementation of the death penalty in Indonesia continue to be done or should be abolished. Based on research and the analysis conducted, conclude that Indonesia According to the Indonesian Constitution that the death penalty in Indonesia is constitutional. Constitutional Court Decision No. 2-3 / PUU-V / 2007 states that the imposition of the death penalty was constitutional. Any law governing capital punishment is not contrary to the Constitution of the State of Indonesia. However the legislation in Indonesia death penalty is still recognized in some legislation. There are three groups of rules, namely: Criminal Dead in the Criminal Code, Criminal die outside the Criminal Code, Criminal die in the Draft Bill. According to Islamic law that the death penalty could be applied to some criminal act or jinazah, either hudud qishahs, diyat or ta'zir among others to: Apostate, Rebel, Zina, Qadzaf (Allegations Zina), Steal (Corruption), Rob (Corruption), Murder.
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Hosen, Nadirsyah. "In Search of Islamic Constitutionalism." American Journal of Islamic Social Sciences 21, no. 2 (April 1, 2004): 1–24. http://dx.doi.org/10.35632/ajiss.v21i2.501.
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This article examines the question of whether the Shari`ah is compatible with the principle and procedural form of western constitutionalism. The article will answer this question by looking at the arguments put forth by opponents of Islamic constitutional law and various counter-aguments. Using the substantive approach, I assert that the Shari`ah is compatible with constitutionalism. This position rejects both the fundamentalists’ and the secularists’ views on this subject. The Shari`ah’s principles can be a formal source or an inspiration to a constitution.
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Hosen, Nadirsyah. "In Search of Islamic Constitutionalism." American Journal of Islam and Society 21, no. 2 (April 1, 2004): 1–24. http://dx.doi.org/10.35632/ajis.v21i2.501.
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This article examines the question of whether the Shari`ah is compatible with the principle and procedural form of western constitutionalism. The article will answer this question by looking at the arguments put forth by opponents of Islamic constitutional law and various counter-aguments. Using the substantive approach, I assert that the Shari`ah is compatible with constitutionalism. This position rejects both the fundamentalists’ and the secularists’ views on this subject. The Shari`ah’s principles can be a formal source or an inspiration to a constitution.
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Shadid, W. A. R., and P. S. Van Koningsveld. "Islam in the Netherlands: constitutional law and Islamic organizations." Journal of Muslim Minority Affairs 16, no. 1 (January 1996): 111–28. http://dx.doi.org/10.1080/13602009608716331.
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Stilt, Kristen A. "Constitutional Innovation and Animal Protection in Egypt." Law & Social Inquiry 43, no. 04 (2018): 1364–90. http://dx.doi.org/10.1111/lsi.12312.
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This article examines constitutional innovation through the case study of the emergence of animal protection in Egypt's 2014 Constitution. Egypt's provision, which is a state obligation to provide al-rifq bi-l-hayawan (kindness to animals), was adopted in Article 45 as part of the country's second constitution following the 2011 revolution that ousted President Hosni Mubarak. Three aspects proved crucial to the adoption of the provision: a decision by animal protection activists to influence the constitutional process; the ability of citizens to convey their ideas to the constitutional drafters, albeit in a limited way; and, most importantly, the use of frame bridging. The activists and then the constitutional drafters presented the new cause of constitutional animal protection in terms of well-established areas of social, and constitutional, concern in the country, including Islamic law, women's rights, human rights, and the protection of the environment.
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Valdo, Riesky Milly, and Afdil Azizi. "KONSTITUSIONALITAS PENGHAYAT ALIRAN KEPERCAYAAN DALAM SISTEM HUKUM NASIONAL DAN HUKUM ISLAM." JISRAH: Jurnal Integrasi Ilmu Syariah 1, no. 1 (January 7, 2021): 57. http://dx.doi.org/10.31958/jisrah.v1i1.2698.
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The main problem in this thesis is where the writer wants to see how the constitutionality of Beliefs in Indonesia is in the national legal system and Islamic law, which in national law has been explained a lot in the legal umbrella starting from the 1945 Constitution to the Decree. The minister and most recently are related to the Constitutional Court Decision Number 97 / PUU-XIV / 2016. The author also wants to see how the views of Islamic law on followers of this belief.Keyword:konstitusionalitas, hukumnasional, hukum Islam
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Syarifudin, Ahmad. "EXPLORING THE PROGRESSIVE LAW IN THE CONSTITUTIONAL COURT DECISION NO. 93 / PUU-X / 2012 ON TESTING ARTICLE 55 VERSES (2) AND (3) LAW NO. 21 OF 2008 CONCERNING SHARIA BANKING." Mu'amalat: Jurnal Kajian Hukum Ekonomi Syariah 11, no. 2 (December 9, 2019): 215–33. http://dx.doi.org/10.20414/mu.v11i2.2133.
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After the Constitutional Court issued decision No. 93/PUU-X/2012 for testing Article 55 paragraph (2) and (3) of Law No. 21 of 2008 concerning Sharia Banking to Article 28D paragraph (1) of the 1945 Constitution, the Religious Court has regained its authority to settle Islamic banking disputes. In the ruling, the Constitutional Court stipulates that the explanation of Article 55 paragraph (2) is contrary to the 1945 Constitution, and at the same time does not have binding legal force.
The cause of the unconstitutionality occurs because the explanation of Article 55 paragraph (2) of the a quo law contains several dispute resolution forums, namely deliberation, banking mediation, National Sharia Arbitration Board or other arbitration and through a general court which makes the court conclude it will cause uncertainty because of the Paragraph (1) has clearly mentioned the Religious Court.
This paper wants to know the urgency of progressive law in the Constitutional Court's decision No. 93/PUU-X/2012 also wants to know whether in the Constitutional Court's decision No. 93/PUU-X/2012 has implemented progressive laws.
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Arjomand, Saïd Amir. "The 1906-07 Iranian Constitution and the Constitutional Debate on Islam." Journal of Persianate Studies 5, no. 2 (2012): 152–74. http://dx.doi.org/10.1163/18747167-12341242.
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Abstract After a brief sketch of the historical background, the mutual impact of Islam and constitutionalism is examined by looking closely at the process of constitution-making in the broad context of the constitutional politics of Iran between 1905 and 1911. The modification of modern constitutional concepts under the impact of Shiʿi Islam and through its custodians in the course of the reception of Western constitutionalism in this period is followed by an analysis of the impact of modern political ideas on Islam. The analysis is based on the texts of the Fundamental Law of 1906 and its 1907 Supplement, and on the contemporary tracts for and against constitutionalism from opposite Islamic viewpoints. Our detailed examination of these sources indicates no presumption that a constitution had to be based on Islam. Nor was there any notion of ‘the Islamic state,’ the slogan of the Islamic revolution of 1979. For the constitutionalists and anti-constitutionalist pamphleteers of the first decade of the twentieth century alike, the counterpart to the constitutional government was not the Islamic state but the autocratic monarchy of ‘the king of Islam.’
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Greene, Molly. "Goodbye to the Despot: Feldman on Islamic Law in the Ottoman Empire." Law & Social Inquiry 35, no. 01 (2010): 219–42. http://dx.doi.org/10.1111/j.1747-4469.2009.01182.x.
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Noah Feldman's 2008 book, The Fall and Rise of the Islamic State, provides a sweeping review of the constitutional history of the Islamic polity that connects the past to developments in the Middle East today. The Ottoman Empire is vital to his argument. This essay critically evaluates Feldman's treatment of the Ottoman period, within the larger context of Islamic history, and in so doing considers the understudied constitutional history of the empire. Without denying the importance of the ulema and the shari'a, it argues that the empire was a hybrid of many different traditions and the centrality of Islamic law should not be overstated.
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Shuaib, Farid Sufian. "Administration of Islamic Law and Human Rights: The Basis and Its Trajectory in Malaysia." Al-Jami'ah: Journal of Islamic Studies 56, no. 2 (May 16, 2019): 281–304. http://dx.doi.org/10.14421/ajis.2018.562.281-304.
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This paper looks at the interplay between the administration of Islamic law in Malaysia in relation to Islamic family law and Islamic criminal law; and human rights. The paper examines the basis of the administration of Islam in Malaysia in relation to its history and post-independence mandate. It looks at the position of human rights under the Federal Constitution and the position of the administration of Islamic law under the constitutional framework. The research found that entrenching fundamental liberties through the supremacy clause resulted in the prevalence of human rights over freedom of religion. However, this is not consistently arrived at since the constitutional frameworks allows for plurality of laws and exclusion of personal law from the principle of equality.[artikel ini membahas kelindan antara administrasi hukum islam, hukum keluarga islam, hukum pidana islam, dan HAM di Malaysia. Artikel ini berbasis pada sejarah administrasi Islam di Malaysia sebelum dan sesudah kemerdekaan. Pembahsan lain artikel mengamati posisi HAM di bawah Undang Undang Federal Malaysia dan administrasi hukum Islam dalam kerangka konstitusional. Berdasarkan hasil riset menunjukkan dasar kebebasan pada supremasi klausul perundangan yang cenderung lebih utama HAM daripada kebebasan beragama. Meskipun demikian, hal ini tidak selalu konsisten ketika perspektif konstitusi mengikuti pluralitas hukum dan eksklusi hukum personal dari prinsip kesetaraan.]
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Agustian, Tomi. "Formalisasi Hukum Islam Kedalam Tata Hukum Indonesia." EL-Ghiroh 16, no. 01 (February 25, 2019): 15–36. http://dx.doi.org/10.37092/el-ghiroh.v16i01.72.
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Islamic law is one of the raw materials for the national legal systems in addition to the customary law and the law of the West.Therefore Islamic law can be used as raw material for the construction of the device, order and culture of origin of national law does not conflict with the values of Pancasila and the 1945 CONSTITUTION and in accordance with the needs of the people of Indonesia law.Can not be contradicted by evidence of any kind that Islamic law has an important and strategic position in national law drafting and pmbentukan Indonesia One of the efforts to incorporate Islamic law into the national laws of grammar through transformation.This paper discusses about the effort will be the transformation of Islamic law into the law of Indonesia governance. the formalization of Islamic law if done substantively, cannot be released and must be preceded by a reference to the judiciary with constitutional considerations and the history of the nation. The process is inseparable from the history of Islamic law in Indonesia, and the policy of Indonesian legal politics in placing the position of Islamic law in the national legal system.
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Chandranegara, Ibnu Sina, and Rantawan Djanim. "Managing Power Sharing of the State on Islamic Modern Society: a Case Study of Indonesia." JURNAL Al-AZHAR INDONESIA SERI HUMANIORA 5, no. 1 (March 30, 2019): 38. http://dx.doi.org/10.36722/sh.v5i1.330.
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<p class="Abstract"><em>Abstract </em><strong>- </strong><strong>On reasearch "checks and balances" in legal studies often raises high quality questions such as, does the checks and balances is a doctrine, principle, or legal theory, or maybe precisely the formula of power in politics. History been recorded, that in any discussions regarding the formation of the constitutional separation, division and smelting power is something that is popular to be discussed before and even after becoming the constitution. Therefore, the casting of checks and balances into the constitution especially on islamic modern society is an interesting study to determine the portion and posture. This study will use Indonesia legal system and its Islamic Society as case study and will be using legal normative methodoloy, on the other hand, comparative studies on constitution which will be conducted and using classic and modern constitutional law literature. Several approach will be use on this research such as, historical, political, economical approach on understanding the practice on checks and balance which pouring in constitutions in some countries</strong>.</p><p class="Keywords"><strong><em>Keywords</em></strong> - <em>Checks and balances, Politics and Constitution, Separation Power </em></p>
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Greeff, Wiebke. "Religious Law in the Service of Human Rights?" Interdisciplinary Journal for Religion and Transformation in Contemporary Society 7, no. 1 (July 8, 2021): 155–87. http://dx.doi.org/10.30965/23642807-bja10010.
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Abstract During the 1990s, a period representing the peak of often novel interpretations in human rights litigation by the judges of the Egyptian Supreme Constitutional Court, Egypt’s human rights performance was better than in other Islamic states sharing a commitment to the supremacy of Shari’a law. This article argues that there is a gap between the dogmatic assertion of the communal good life defined in traditional Islamic terms and the reality of governance usually at odds with these stipulations. The peculiar practice of the Egyptian Supreme Constitutional Court in the 1990s highlighted two crucial, related questions: first, was it in principle possible to narrow that gap and align governmental action to rules derived from scripture? Second, does the highly fragmented and inconsistent character of classical Islamic law offer advantages in its adaptation to modernity? This article claims that the relative progress towards compliance with international human rights standards was due to progressive and strategically litigating judges, who used Islamic law opportunistically rather than dogmatically.
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Dalbahi, Ahmad. "The Rights of non-Muslims in Islamic Law." International Journal of Nusantara Islam 1, no. 2 (June 9, 2014): 145–55. http://dx.doi.org/10.15575/ijni.v1i2.32.
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Constitutional law in Islam has been protecting the rights of all citizens of either Muslims or non-Muslims. In this study will be discussed several issues relating primarily to the rights of individuals in relation to the rights of citizens, especially Muslims as Muslims progress of individual rights, the right to obtain justice, honor guard in getting fair treatment from the state.
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Gouda, Moamen. "Islamic constitutionalism and rule of law: a constitutional economics perspective." Constitutional Political Economy 24, no. 1 (January 3, 2013): 57–85. http://dx.doi.org/10.1007/s10602-012-9132-5.
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ICHSAN, Muchammad, and Nanik PRASETYONINGSIH. "The Constitutional Court Interpretation of ‘Indigenous Belief’: An Islamic and 1945 Constitution Perspectives." Journal of Advanced Research in Law and Economics 11, no. 1 (March 31, 2020): 37. http://dx.doi.org/10.14505//jarle.v11.1(47).05.
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This study aims to review the Republic of Indonesia's Constitutional Court Decision No. 97/PUU-XIV/2016. The Decision states that the provisions of Law No. 23 of 2006, Article 61(1) and (2) and Article 64(1) and (5) relating to the clearing of the column of religion in the family card and electronic identity card, are contrary to the Constitution. This study was designed to be qualitative for this purpose and uses normative methods of legal research. This study found that the decision of the Constitutional Court was not in line with Islamic Sharia and the Constitution of 1945 because it had an impact on the recognition of indigenous beliefs and their followers in order to have the same position in Indonesia as religions and their followers. This condition is damaging to society. According to the Islamic principle of sadd adz-dzarai, if it leads to something that is prohibited, something that is permitted must be closed or stopped. As respect to the Constitution of 1945, the provisions of Article 28E paragraph (1) and paragraph (2) of the Constitution of 1945, where religions and indigenous beliefs are classified as two separate and distinct entities, are more relevant constitutional norms to be referred to.
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Layish, Aharon. "Islamic Law in the Modern World." Islamic Law and Society 21, no. 3 (June 30, 2014): 276–307. http://dx.doi.org/10.1163/15685195-00213p04.
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The essay provides a general account of some of the main changes that Islamic law has undergone since the late 19th century: the transformation of Islamic law from a jurists’ law to a statutory law; the displacement of the ʿulamāʾ as the exclusive interpreters of Islamic law; and the secularization and nationalization of Islamic law through the judicial practice of the Constitutional Court and civil courts in Egypt. Other issues include the impact of the West on Islamic law; the reduction of Islamic law in Turkey to the sta-tus of custom; the collapse of traditional family law and the waqf institution; the Isla-mization of custom in tribal societies; and the application of Islamic law in a non-Muslim state. In the conclusion, I assess the chances of reinstating Islamic law and Islamizing the statutory legal corpus based on the experience of Iran, the Sudan and Egypt.
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Roshanzadeh, Javad, and Seyed Ahmad Habibnejad. "LEGISLATIVE RESTRICTIONS OF THE ISLAMIC CONSULTATIVE ASSEMBLY DUE TO THE LEGISLATIVE JURISDICTION OF OTHER AUTHORITIES IN THE PROCEDURE OF THE GUARDIAN COUNCIL." Humanities & Social Sciences Reviews 7, no. 6 (December 19, 2019): 813–25. http://dx.doi.org/10.18510/hssr.2019.76123.
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Purposes: In the Constitution of the Islamic Republic of Iran, in accordance with Article 71, legislation is the responsibility of the Islamic Consultative Assembly and has general jurisdiction which does not mean that the Islamic Consultative Assembly has no restrictions on legislation, but has limitations in terms of the various Constitutional principles including, the exclusive and particular jurisdiction of other authorities to legislate the law. The Islamic Consultative Assembly cannot legislate in the jurisdiction of these institutions. In the Constitution, a series of authorities have got the right to legislate.
Methodology: Using an analytical descriptive method, the present article seeks to examine the question of what are the legislative constraints of the Islamic Republic Consultative Assembly in the Guardian Council's procedure.
Results: In the procedure of the Guardian Council, other authorities, such as the Assembly of Experts of the Leadership, the Expediency Discernment Council of the system, the Supreme National Security Council, the Supreme Council of the Cultural Revolution, etc. have found the right to legislate. In other words, this general jurisdiction has been assigned in a way.
Implications/Applications: The application of this study is to introduce the laws of the Islamic Republic of Iran. The exercise of this jurisdiction by the Islamic Consultative Assembly has a framework that cannot be explained except by referring to the Constitutional principles
Novelty/Originality: In the Constitution of the Islamic Republic of Iran, due to the nature and type of government and the particular aspirations pursued, other legislative authorities include the Assembly of Experts, the Expediency Council, the Supreme National Security Council. It is accepted that by referring to the views of the Guardian Council as the Constitutional body, they have protected them in cases where the jurisdiction of these authorities has been invaded.
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Razaana Denson. "A Comparative Exposition of the Law of Husband and Wife in terms of Islamic Law, South African Law and the Law of England and Wales." Obiter 41, no. 4 (March 24, 2021): 704–50. http://dx.doi.org/10.17159/obiter.v41i4.10485.
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The primary concern of this article is a comparative analysis of marriage law in three legal systems – namely, Islamic law, South African law and English law. The similarities and differences between these legal systems are highlighted. The comparative analysis demonstrates that although there are similarities in the three legal systems, the differences outweigh the similarities. This begs the question whether Islamic law (Muslim personal law in general and family law in particular) can be recognised and accommodated and implemented in the South African and English legal systems (both constitutional democracies) without compromising the principles of Islamic law, while at the same time upholding the rights contained in the Bill of Rights. To this end, a comparative analysis is undertaken of the law of marriage that entails a discussion, inter alia, of betrothal (engagement), the legal requirements for a marriage, as well as the personal and proprietary consequences of a marriage as applicable in Islamic law, South African law and English law.
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Ahmed, Faiz. "IN THE NAME OF A LAW: ISLAMIC LEGAL MODERNISM AND THE MAKING OF AFGHANISTAN'S 1923 CONSTITUTION." International Journal of Middle East Studies 48, no. 4 (September 30, 2016): 655–77. http://dx.doi.org/10.1017/s0020743816000817.
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AbstractIn 1919, a new amir in Afghanistan named Aman Allah Khan launched an ambitious campaign to reorder his government into a constitutional monarchy. By 1923, Afghanistan had ratified its first constitution, supplemented by scores of legal and administrative codes. Whereas the latter have long been attributed to European borrowings or Kemalist imitation, this article uncovers two neglected features of Aman Allah's reformist project to argue that the making of Afghanistan's 1923 Constitution presents a distinctive path of state building in the region: Islamic legal modernism. First, by upholding the Hanafi school of Islamic jurisprudence as the basis of Afghan substantive law, Amir Aman Allah sought a cohesive national judiciary through the codification offiqh, not European civil law. Second, by synthesizing the expertise of a diverse cast of Muslim scholars and professionals—from Afghan clerics to Ottoman and Indian technocrats recruited to Kabul—he attempted to avert a rift between “Islamic” and “secular” lawmaking.
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Trakic, Adnan. "Shari’ah compliance in Islamic finance contracts: the Malaysian constitutional dilemma." Oxford University Commonwealth Law Journal 20, no. 2 (July 2, 2020): 289–309. http://dx.doi.org/10.1080/14729342.2020.1812025.
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Moschtaghi, Ramin. "The Relation between International Law, Islamic Law and Constitutional Law of the Islamic Republic of Iran – A Multilayer System of Conflict?" Max Planck Yearbook of United Nations Law Online 13, no. 1 (2009): 375–420. http://dx.doi.org/10.1163/18757413-90000044.
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Powell, Emilia Justyna. "Islamic Law States and Peaceful Resolution of Territorial Disputes." International Organization 69, no. 4 (2015): 777–807. http://dx.doi.org/10.1017/s0020818315000156.
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AbstractThis article argues that specific characteristics of the domestic legal institutions of Islamic law states shape these states' choices of peaceful resolution methods in territorial disputes. After providing original data on the characteristics of Islamic legal structures, I systematically compare pertinent rules of international dispute resolution methods and Islamic law. I demonstrate empirically that not all Islamic law states view international settlement venues in the same way. Secular legal features, such as constitutional mentions of education, supreme court, or peaceful settlement of disputes have the power to attract these states to the most formal international venues—arbitration and adjudication. On the other hand, Islamic law states whose legal system is infused with Islamic religious precepts are attracted to less-formalized venues.
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Suntana, Ija. "The Constitutional Law Research Trends and Plagiarism Problem in State Islamic University." YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam 10, no. 2 (October 22, 2019): 121. http://dx.doi.org/10.21043/yudisia.v10i2.5654.
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The objective of this research was to find out research trend in constitutional law area as well to map research procedures in the said area and its projection in the future. Bibliometric analysis was applied, using 80 theses as sample from constitutional law bachelor degree student theses data base, with time range from 2013 to 2017. The research result shows that the Constitutional Law students gave extra preference to legislation studies rather that other subject. In methodological matters, the trend shows that most of research used descriptive methodology (45%) and only few utilized comparative methods (6%). At least 41 concepts were chosen by the students, with top four concepts are the enactment of regulations, the implementing regulations of Acts, the local government regulations, and the enactment of an article. The less chosen concepts are international law/regulations and state treasury management. From research originality aspect, by using Turnitin application, there are 28 theses that have similarity indication with previous researches (with various typologies) and 52 theses are acceptable.
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Sherif Heikal. "Criminal Constitutional Principles and Islamic Law Impact on Arab Penal Codes." HUFS Law Review 42, no. 2 (May 2018): 1–18. http://dx.doi.org/10.17257/hufslr.2018.42.2.1.
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Hasan-Bello, Abdulmajeed. "Sharia in the Nigerian Constitutions: Examining the Constitutional Conferences and the Sharia Debates in the Drafts." Al-Ahkam 29, no. 1 (May 8, 2019): 1. http://dx.doi.org/10.21580/ahkam.2019.29.1.3158.
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<p align="center">The paper examines the socio-ethnic and religious configuration of Nigeria and the nature of Sharia debates in the Nigeria constitutions of 1977/1978; 1988/1989 debates and Constitutional Conference of 1994/1995. The paper argues that the genesis of the Sharia debates can be traced to 1956. The Constitutional Conference of 1994/95 was not bedeviled by a serious acrimonious debate over the Sharia. However, the 1999 constitution brought a new dimension to the issue of the Sharia. To some extent, the enactment of Sharia law in Nigeria is a prime example of the relative success of Nigeria’s multi-state federalism in regards to governing diversity. Particularly the political autonomy to establish a Sharia Court of Appeal with civil jurisdiction on Islamic personal law. The paper concludes that the constitutionalization of the Sharia has subjected it to the vagaries of the political wind and made it easy prey to political fortune-seekers. Thus, the matters relating to religions should be removed from the future deliberative process in the country.</p>
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Islamiyati, Islamiyati. "ANALISIS PUTUSAN MAHKAMAH KONSTITUSI NO. 68/PUU/XII/2014 KAITANNYA DENGAN NIKAH BEDA AGAMA MENURUT HUKUM ISLAM DI INDONESIA." Al-Ahkam 27, no. 2 (December 1, 2017): 157. http://dx.doi.org/10.21580/ahkam.2017.27.2.1572.
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<p class="IABSSS">Background research originated from the Constitutional Court decision No. 68/PUU / XII /2014 rejected the application for judicial review of material (judicial review) Article 2 Paragraph (1) of the Constitution NRI UUP 1945. The goal is to analyze the legal considerations of the decision of the judge of the Constitutional Court No. 68/PUU/XII/2014 and its legal consequences. The judge rejected the applicant because it contradicts the principle of the Godhead, moral values, culture and principles of marriage law in Indonesia. The existence of Islamic law can be reestablished by the interpretation of Article 2 Paragraph (1) UUP properly and constitutionally. The role of the Constitutional Court decision has correlate between religion and state laws are harmonized, and can enforce Islamic law which is based on <em>maqāṣid al-sharī’ah</em>.</p><p class="IABSSS">[]</p><p class="IABSSS">Latar belakang penelitian berawal dari putusan MK No. 68/PUU/XII/2014 yang menolak permohonan uji materiil (<em>judicial review</em>) Pasal 2 Ayat (1) UUP terhadap UUD<del cite="mailto:user" datetime="2017-10-30T12:53"> </del>1945. Tujuannya untuk menganalisis pertimbangan hukum putusan hakim MK No. 68/PUU/XII/2014 dan akibat hukumnya. Hakim menolak permohonan pemohon karena bertentangan dengan prinsip Ketuhanan, nilai moral, budaya dan prinsip hukum perkawinan di Indonesia. Eksistensi hukum Islam dapat ditegakkan kembali oleh penafsiran Pasal 2 Ayat (1) UUP secara benar dan konstitusional. Peran putusan MK telah mengkorelasikan antara hukum agama dan negara yang harmonis, serta dapat menegakkan hukum Islam yang berpijak pada <em>maqāṣid al-sharī’ah</em>.</p>
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Siegfried, Nikolaus. "LEGISLATION AND LEGITIMATION IN OMAN: THE BASIC LAW." Islamic Law and Society 7, no. 3 (2000): 359–97. http://dx.doi.org/10.1163/156851900507689.
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AbstractWhen Sultan Qabus issued Decree 101 on November 6, 1996, Oman was the last Arab country to implement a constitutional document. However, the political impact of this document is controversial: Whereas some consider the Basic Law a step towards democratization, others see merely a continuation of traditional policies. In this article I investigate the innovative potential of the Basic Law. Against the background of Omani and regional history and European and Islamic constitutional thought, I review the Decree with regard to authority and legitimation. I suggest that the law is mainly symbolic in character. It exploits tribal and Islamic concepts to create a historically unfounded notion of a homogeneous state. The civil liberties it grants do not extend to the public sphere. I conclude that Oman's Basic Law does nothing more than to freeze the status quo, according to which the Sultan remains the only recognized authority in the state.
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Anello, Giancarlo. "‘Plural Sharīʿah’. A Liberal Interpretation of the Sharīʿah Constitutional Clause of the 2014 Egyptian Constitution." Arab Law Quarterly 31, no. 1 (February 9, 2017): 74–88. http://dx.doi.org/10.1163/15730255-12341332.
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This article addresses the Egyptian Constitution issued in 2014 (dustūr ǧumhūriyyah miṣr al-ʿarabiyyah). Article 2 declares that Islam is the religion of the State and that the Sharīʿah is the main source of legislation. The aim of the author is to interpret this provision considering the role that the Islamic religion plays in the cultural and legal framework of Arab countries, notably in Egypt. Furthermore, this article tries to develop a pluralistic interpretation of the norm, taking into account some foundational aspects of the Egyptian legal system including the Civil Code of 1948, the particular tradition of Arab Constitutionalism, and the former jurisprudence of the Supreme Constitutional Court.
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Hasbi, Ghassan Niko, Bambang Tjatur Iswanto, and Mulyadi Mulyadi. "KEWENANGAN ABSOLUT PENGADILAN AGAMA TERHADAP PENYELESAIAN KASUS PERBANKAN SYARI’AH (ANALISIS YURIDIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 93/PUU-X/2012)." Varia Justicia 13, no. 1 (January 30, 2018): 18–26. http://dx.doi.org/10.31603/variajusticia.v13i1.1862.
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The provisions on dispute settlement Islamic banking has been laid down in Chapter IX of the settlement of disputes of Article 55 (1), (2), (3) of Law No. 21 of 2008 mentioned that the dispute settlement Islamic Banking is done by the court within the religious court, in case the parties have foretell dispute resolution other than as referred to in paragraph (1), the settlement of disputes in accordance with the contents of the contract, settlement of disputes referred to in paragraph (2 ) must not conflict with Islamic principles. The elucidation of Article 55 paragraph (2) of Law No. 21 of 2008 mentioned that the reference to the settlement of disputes in accordance with the contents of the contract are as follows efforts of deliberation, banking mediation, through the National Sharia Arbitration Board (Basyarnas) or other arbitration institution and / or through the courts within the General Court. The polemic is about the authority to resolve disputes in Islamic banking because there is no dualism of litigation, the Court of religion (Article 55 paragraph (1) of Law No. 21 of 2008) and the District Court stated in the elucidation of Article 55 paragraph (2) of the Act No. 21 of 2008), so in this study took the title of Absolute Authority of Religious Court Case Against Islamic Banking Solution (Analysis Juridical Constitutional Court Decision No. 93 / PUU-X / 2012).
This study aims to know the legal implications arising from the decision of the Constitutional Court regarding the absolute authority of the Religious, and the competence of the Religious Islamic Banking in resolving disputes after the publication of the decision of the Constitutional Court for the No. 93 / PUU-X / 2012.
The method used in this research is the method of juridical-normative research focus to apply the rules or norms of positive law by finding the law that encourages research, such as looking for the source of various litelatur, interviews with respondents also focused on how the legal aspects and principles of law against the decision of the Constitutional court, and the legal implications of this decision are equipped with primary data (Field research), as well as secondary data which supports research.
In this study, there are two principal issues examined is about authority Absolut religious court after the Constitutional Court ruling No. 93 / PUU-X / 2012 as well as the implications of the issuance of the verdict in the world economy, especially sharia Islamic microfinance institutions and Islamic banking. The findings of this research is the decision of the Constitutional Court are legally absolute magnitude against all things Islamic economy both litigation and non-litigation to force the execution of the decision in the case or a decision which is final.
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Yasin, Ikhsan Fatah. "Analisis Putusan Mahkamah Konstitusi No. 46/PUU-VIII/2010 tentang Pengujian UU No. 1 Tahun 1974 Dalam Konsep Laqith dan Wasiat Wajibah." SMART 2, no. 01 (July 31, 2016): 95. http://dx.doi.org/10.18784/smart.v2i01.300.
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<p>Constitutional Court Decision No. 46 / PUU-VIII / 2010 raises the pro and contra in the society, the side of the pro considers the Constitutional Court decision is justice for women who are victims of fraud or wedding sirri, also to the children born from this relationship. For contra, the decision of the Constitutional Court has strayed far from Islamic law, even considered legalizing adultery. In this research, writer used a qualitative approach, writer decipher Constitutional Court Decision No. 46 / PUU-VIII / 2010 and then analyze them using concepts laqith and wasiat wajibah, laqith researchers use to justify their obligations towards their children’s biological father was borrowed and used as solutions to problems of inheritance of children outside of marriage. So, the writer concluded that based on these two concepts, the Constitutional Court Decision No. 46 / PUU-VIII / 2010 does not conflict with Islamic law.</p>
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Ahmad, Ali. "Freedom, Equality and Justice in Islam." American Journal of Islam and Society 20, no. 3-4 (October 1, 2003): 180–83. http://dx.doi.org/10.35632/ajis.v20i3-4.1833.
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Modern Muslim thinkers who try to locate and construct constitutional tenets based on the Islamic tradition face various difficulties, for they have to address a segment of an audience that expects an exposition comparable to the West's in terms of terminologies, institutions, and remedies, as well as to draw from the best practices of Islamic history and modern Muslim societies. It is always fustrating to learn that Islam's constitutional history, despite its richness in individual constitutional tenets, loses some of its utility in modern Muslim societies due to systemic changes caused by glob alization and pervasive international institutions, both of which have had far-reaching consequences on domestic sociopolitical settings. Given the contemporary nation-state's overarching authority, one known guarantee of the people's social, legal, or political rights is a con stitutional framework under a credible rule of law system. Mohammad Hashim Kamali's Freedom, Equality and Justice in Islam identifies the three themes in the title of his book as the fundamental bases upon which all other constitutional guarantees of human rights depend. The book is divided into three chapters, each dedicated to one of the main themes. The first chapter, which discusses freedom, presents a conceptual analysis of the term and how it is expressed in Islam's theological and sociopolitical contexts. However, unlike various guarantees provided for realizing other values, such as justice (discussed in chapter 3), there is little discussion of such practical guarantees for personal liberty and freedom. The author acknowledges that Muslims have given scant attention to constitutional guarantees of freedom, citing the prevalence of despotic governments throughout much of Islamic history. Nevertheless, the only way he offers out of this situation is to observe that Muslims should change the language of fiqh (Islamic jurisprudence) to reflect the challenging times confronting the ummah. This may not be surprising, given the identified problems, as mentioned above, that have to be faced squarely. The second chapter, which analyzes equality, reviews authoritative Islamic sources and argues that although there is conclusive evidence that Islam envisages equality in basic rights and duties among all Muslims, the evidence is somewhat inconclusive on whether all members of the human race enjoy such equality. This inconclusiveness is due to sources that leave room for different interpretations and to prevailing circumstances during the formative period of Islamic law. Kamali pays particular attention to the duties and rights of women and non-Muslims, for there are different opinions on women's political and family-law rights and on equal opportunity for non-Muslims. He states that even if differential treatments of the two categories are maintained in certain circumstances, such differences do not negate equality, because Islam's positive equality ...
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Hanifi, Shah Mahmoud. "Local Experiences of Imperial Cultures." Comparative Studies of South Asia, Africa and the Middle East 41, no. 2 (August 1, 2021): 243–49. http://dx.doi.org/10.1215/1089201x-9127141.
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Abstract The constitutional history thread woven through Faiz Ahmed's Afghanistan Rising: Islamic Law and Statecraft between the Ottoman and British Empires unites Afghan, Indian, Ottoman, Islamic, modernist, and other strands of analysis. Hanifi's essay addresses issues relevant to the comparative study of Afghanistan, namely, epistemology, class, culture, and empire. It explores how urban Persianate state elites in Kabul exploited imperial opportunities, especially educational opportunities, over the century since constitutional independence.
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Keri, Ismail. "LEGISLASI HUKUM KELUARGA ISLAM BERDASARKAN KOMPILASI HUKUM ISLAM." Ekspose: Jurnal Penelitian Hukum dan Pendidikan 16, no. 2 (April 14, 2019): 361. http://dx.doi.org/10.30863/ekspose.v16i2.97.
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Islamic Family Law consists of fundamental nationalities that always live and develop along with the development of society in the life of the nation. The configuration of national life interests is an instrument contested by the nation's components in these interests in the path of the state constitution, thus gaining a place of legitimacy in the process of constructing a national legal order. The history of national legal legislation has included the Compilation of Islamic Law as one of the country's alignments with the process of Islamic family law into National law. At the same time, the recovery of the development of Islamic Family Law is increasingly lively as the process of finding answers to Islamic problems in the archipelago's insight, how: Compilation of Islamic Law accommodates changes in the application of Islamic family law in Indonesia?The description that can be obtained in this study shows that based on the history of beginning, the Compilation of Islamic Law is present as meeting the needs of the Islamic community as well as filling in the gaps that occur in the Religious Courts whose authority is regulated in Law No. 7 of 1989. However, in its journey, a number of studies and studies explained that the Compilation of Islamic Law contained a variety of potential criticisms, in which the Compilation of Islamic Law was deemed to be no longer sufficient in resolving various complex complexity problems. Therefore it is necessary to reconstruct the Compilation of Islamic Law by paying attention to the principles of equality (al-muswah), brotherhood (al-ikhâ`), and justice (al-`adl), as well as basic ideas for the formation of civil society, such as pluralism, gender equality , Human rights, democracy, and egalitarianism, so that the needs of Islamic family law can be fulfilled in several such as Constitutional aspects, Content aspects (Material / Content and Ideas), Aspects of Islamic Law Enforcement (rule of law) in the Indonesianness frame.
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March, Andrew. "Islamic Constitutionalism Before Sovereignty: Two Defenses of the Tunisian Constitution of 1861." American Journal of Islam and Society 37, no. 1-2 (May 16, 2020): 1–40. http://dx.doi.org/10.35632/ajiss.v37i1-2.609.
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The 19th-century witnessed the first efforts to draw up constitutions in traditional Muslim monarchies. Far from emerging out of popular pressure, never mind revolution, these documents were largely motivated by the desire of rulers and their chief advisors to rationalize state legal and bureaucratic authority, in order to both strengthen central state control internally and also deal with increasing European pressure, particularly in fiscal and economic matters. Nonetheless these texts reflect a language of authority and legitimacy that is to a large extent a reflection of traditional Islamic constitutional theory, before the rise of popular, mass politics and the associated ideological transformation of Islamic political thought. This article focuses instead on the Tunisian constitutional moment of 1857-1861. I focus on two important sources for the study of the emergence of modern Islamic political-constitutional thought and the problem of sovereignty. The first set are the first attempts to create written constitutions for existing regimes and dynasties. The second set are the writings of important reformist intellectuals, both from within the lineage of traditional Islamic scholarship and from the class of new elites educated along “European” models, that sought to provide the intellectual and doctrinal justification for formal, written constitutions.
The primary goal of this article is to explore an important moment in Islamic modernity for the purposes of drawing a contrast with 20th-century, post-caliphal Islamist thought. The primary themes visible in 19th-century Islamic constitutional thought, on my reading, are a primarily “descending” conception of sovereign constituent power with a strong emphasis on the pre-political existence of a divine law that is both binding and guiding, but not necessarily the exclusive source of lawmaking. So-called “descending” tropes of political authority are in evidence in two primary forms: first, specific offices (most notably the Caliphate) are seen as ordained by God and obligatory on the Muslim community, which does not create them; second, power is frequently spoken of as being bestowed on rulers directly, without any mediation or authorization by the people. Where the ruler is said to derive his authority from human appointment, authorization or acclamation, this is usually done by the “People Who Loose and Bind” (scholars or other social notables) on their own authority (whether grounded epistemically or in social recognition) without election by the people they are meant to represent. Finally, while the authority of God’s law is uniformly asserted, the texts in question—from constitutions to scholarly treatises—do not tend to be preoccupied with the concept of “sovereignty” and its precise location. As 19th-century constitutionalist movements were largely elite driven affairs that pursued limited, legally-constrained governance as a path to political and economic modernization, they did not yet face opposition from mass movements using the language of Islam as a mobilizing ideology. Rather, their opposition came from entrenched elites (including traditional Islamic religious authorities) who had not yet formulated a coherent counter-revolutionary language.
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Fauzan, Fauzan. "PROGRESSIVE LAW PARADIGM IN ISLAMIC FAMILY LAW RENEWAL IN INDONESIA." Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan 7, no. 2 (September 30, 2020): 187. http://dx.doi.org/10.29300/mzn.v7i2.3617.
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This paper discusses the progressive legal paradigm in renewal Islamic family law in Indonesia. Starting from the complexity of family problems in the contemporary era, the presence of progressive legal thinking is one of the foundations in order to provide certainty and justice in society. The results of this study indicate that legal reform progressive in the field of Islamic family law can be noticed from law enforcement through court decisions. Various judges’ decisions have created jurisprudence and are used as guidelines for Religious Court judges in deciding cases. This can be seen from the decisions of the constitutional justices, including regarding the restrictions on polygamy, the status of children out of wedlock and the age of marriage which was later successfully revised with the issuance of Law 16 of 2019 concerning Amendments to Law 1 of 1974 concerning Marriage. In the context of progressive legal reform in Indonesia, judges use reinterpretation of religious texts (fiqh), and understand the social context of modern society dynamics. For this reason, judges are required to be more courageous not only to be bound textually, but also to put forward the goal of realizing justice and benefit in the midst of society. Thus, the main legal objectives will be realized, namely substantive justice, benefits, and legal certainty because the law is basically for humans, not for the law itself
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Hamzani, Achmad Irwan. "Nasab Anak Luar Kawin Pasca Putusan Mahkamah Konstitusi Nomor 46/PUU-VIII/2010." Jurnal Konstitusi 12, no. 1 (May 20, 2016): 57. http://dx.doi.org/10.31078/jk1214.
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Constitutional Court Decision No. 46/PUU-VIII/2010 granted the petition Machica Mochtar, who is married with Moerdiono the Islamic religion in accordance, but not recorded. If the marriage was born a boy named Mohammed Iqbal Ramadan. After the decision of the Court, the status of illegitimate children has a civil relationship with his father and his father’s family. Child outside marriage include children born of the marriage legitimate religion, but not recorded, and the children born from adultery. According to Islamic law, the Constitutional Court’s decision is appropriate when applied to the child of a valid marriage according to religious but not registered. Meanwhile, when applied to children outside marriage, adultery result, the Court’s decision is contrary to Islamic law.
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Mirabian Tabar, Mehdi. "Divine vs. Human Law: The Quarrel between the Anti- and Pro-Constitutionalist Jurists in Iranian Constitutional Revolution of 1906." Religions 12, no. 8 (August 10, 2021): 630. http://dx.doi.org/10.3390/rel12080630.
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This study investigated the quarrel between the pro-and anti-constitutionalist jurists following the establishment of the first National Consultative Assembly (Majlis) in Iran and the drafting of the first constitution in 1906. A group of shi῾ite jurists launched an attack on Majlis, in addition to the ideas of human legislation, freedom, and equality, by considering the Islamic Sharī῾a law to be a set of perfect and impeccable laws. In response to these oppositions, the pro-constitutional jurists argued in favor of the constitutional movement. In this paper, it is argued that the quarrel could be considered as evidence for the perennial tension between the divine and human law in Islam. It appears that examining this conflict may shed light on incidents shaping the history of contemporary Iran.
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Arafa, Mohamed A. "The prohibition of wearing veil in public schools in Egypt: an analysis of the Egyptian Supreme Constitutional Court jurisprudence." Revista de Investigações Constitucionais 4, no. 1 (February 16, 2017): 69. http://dx.doi.org/10.5380/rinc.v4i1.50341.
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Case No.8 of 1996 is a landmark decision of the Egyptian Supreme Constitutional Court (“SCC”) and represents one of the most significant judicial rulings of a structural remedy for the interpretation of Article 2 of Egypt 2014 Constitution. The jurisprudence of the SCC is essential to advance a moderate (liberal), rights-protecting interpretation of Sharie‘a. In this case, the SCC held that a rule on face-veiling in public schools is compatible not only with Islamic law, but with certain human rights guaranteed by the Constitution:, as freedom of expression and freedom of religion. This decision dealt with the SCC’s view on Islamic ijtihad (legal reasoning), and, gives insight into the Court’s views on civil and political rights context.
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A. Rahman, Syed Fadhil Hanafi Syed. "The Malaysian Federal Constitution: An Islamic or a Secular Constitution?" Constitutional Review 5, no. 1 (May 31, 2019): 134. http://dx.doi.org/10.31078/consrev515.
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Constitutionalism dictates that the government must only act within the four walls of the constitution. While adherence to this fundamental doctrine is proven to be difficult, it becomes more complicated when the walls are unclear. For decades, Malaysians struggle to ascertain the actual legal value of religion, particularly Islam, in its Federal Constitution and the impact of religion to the Malaysian legal system. Some opined that secularism is a basic structure of the Malaysian Federal Constitution and in the name of constitutionalism, religious laws cannot be the basis for administration of public law and must be confined to personal law matters. On the other hand, some opined that Islam constitutes a salient feature of the Constitution and the position of Islam as the religion of the Federation implies Malaysia as an Islamic state. This paper analyses the conflicting views, via qualitative studies of constitutional provisions which have religious element in the light of their history, together with relevant case laws which interpreted them. The analysis is done with a view to determine whether the Malaysian Federal Constitution is a secular instrument creating a secular state or a religious document establishing a theocratic state. From such analysis, the author presents that the Malaysian Federal Constitution, albeit giving special preference to Islam, is a religion-neutral document which is receptive to both religious and secular laws. This is based on the fact that the Constitution upholds the validity of both secular and religious laws for as long as they are enacted according to procedural laws required by the Constitution.
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Nick Pay, Vahid. "Constitutional Rights and Liberties in the Islamic Republic." UKH Journal of Social Sciences 1, no. 1 (December 28, 2017): 34–45. http://dx.doi.org/10.25079/ukhjss.v1n1y2017.pp34-45.
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This study is aimed at analyzing aspects of individual rights and liberties in theocratic systems by examining the Iranian Constitution as a case study. As it will be shown the current constitution (1979) appears to be riddled with several formal and epistemological inconsistencies, arising from its fundamental ideological underpinnings. Surprisingly these have rarely been subject to systematic analysis capable of addressing both the form and content of the Fundamental Law. My previous manuscript in 2014, provided the basis for such an analysis in an academic format. Nonetheless, in the light of recent updates to Iranian normative system, in particular the prevailing Islamic Penal Code, this requires a thorough revision and reinterpretation. In this pursuit, various linguistic, legal, procedural and conceptual tools have been deployed to highlight inadequacies and incoherencies in support of the claim that the country currently lacks clear normative frameworks for guaranteeing basic rights and freedoms, which should be the raison d'être of all fundamental loci of rights. In addition, as it is argued below, serious conceptual flaws in the constitution of the Islamic Republic itself could be regarded as the prime suspect for the systematic violation of basic principles of rights and liberties, rather than an alleged failure to adhere to the constitution as it is often claimed.
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Fadel, Mohammad. "The Rule of Law in the Middle East and the Islamic World." American Journal of Islam and Society 18, no. 4 (October 1, 2001): 167–71. http://dx.doi.org/10.35632/ajis.v18i4.1992.
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This work grew out of a series of lectures that were delivered over atwo-year period between 1996 and 1998 at the Centre of Islamic andMiddle Eastern Law (CIMEL) at the School of Oriental and AfricanStudies (SOAS), University of London, on the genera] subject of the rule oflaw in the Middle East and Islamic countries. Subsequently, materials wereadded dealing particularly with issues relating to human rights law. Thecontributors to this work are a combination of legal academics, human rights activists, lawyers and judges, who hale from various countries in theArab world, Iran, the United States, Great Britain and Germany.There are a total of fourteen separate chapters, of varying length andquality. The book is not lengthy - including notes and authors’ biographies,it is 180 pages long. The average length of each chapter is between ten andfifteen pages. Despite the diversity of countries surveyed, all the essays areconcerned with generic questions regarding the rule of law, whether in atheoretical sense, viz., whether the notion that legitimate governmentalaction is limited to those acts that are deemed lawful by a pre-existing setor rules, or in a practical sense, viz., assuming that the formal legal regimeof a given state recognizes the rule of law in a theoretical sense, whetherthe coercive apparatus of the state in fact recognizes legal limitations onits conduct.Perhaps the most interesting (it is certainly the most lengthy, at 35 pages),and most important, essay in this work is the very fiit one, authored byAdel Omar Sherif, an Egyptian judge, wherein the author provides a digestof the landmark decisions of the Egyptian Supreme Constitutional Court.While the work can be criticized for taking on the appearance of a meresurvey of decisions, without taking a critical perspective to the Court’sprecedents, it is nonetheless a very valuable contribution for those lawyersand scholars who cannot read Arabic but nonetheless wish to gain insightinto Egypt’s legal culture. The modest task of relating the decisions ofEgypt’s Supreme Constitutional Court is especially important given thecliches regarding the absence of effective judicial institutions in the Arabworld. Sherifs contribution effectively dispels that myth. His article revealsthe Egyptian Supreme Constitutional Court to be a vibrant institution thattakes its constitutional duties seriously, and discharges those duties withintegrity, and when it finds that the government has acted unlawfully, it willstrike down the offensive legislation, or rule against the government ...
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Hudiata, Edi. "ASAS KEPASTIAN HUKUM DAN ASAS KEBEBASAN BERKONTRAK SEBAGAI PERTIMBANGAN UTAMA DALAM PENYELESAIAN SENGKETA PERBANKAN SYARIAH (Kajian Yuridis Putusan MK Nomor 93/PUU-X/2012)." Jurnal Hukum dan Peradilan 3, no. 1 (April 23, 2018): 69. http://dx.doi.org/10.25216/jhp.3.1.2014.69-84.
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Since the verdict of the Constitutional Court (MK) Number 93/PUU-X/2012 pronounced on Thursday, August 29, 2013, concerning the judicial review of Law No. 21 of 2008 on Islamic Banking, it is no longer dualism dispute resolution. The verdict as well as strengthen the jurisdiction of Religious Court to resolve Islamic banking disputes. In consideration of the judges, judges agreed stating that Article 55 paragraph (2) and (3) of Law No. 21 of 2008 which is an ideal norm, contains no constitutional problems. The problem is the explanation of the constitutional article 55 paragraph (2) of the Act. The emergence of the Constitutional Court verdict No. 93/PUU-X/2012 which substantially states that the explanation of Article 55 paragraph (2) of Law No. 21 of 2008 does not have binding force, basically does not violate the principle of freedom of contract which is common in contract law. The parties are allowed to make a dispute resolution agreement out of religious court based on provisions as Act No. 30 of 1999 on Arbitration and Alternative Dispute Resolution. Keywords: dispute resolution, legal certainty and the principle of freedom of contract
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Farrar, S. A. "Islamic jurisprudence and the role of the accused: a re-examination." Legal Studies 23, no. 4 (November 2003): 587–604. http://dx.doi.org/10.1111/j.1748-121x.2003.tb00229.x.
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This paper re-examines the Orientalist view that Islamic criminal justice operates without any constitutional protections for the individual. It takes the works of Noel Coulson as representative of the canon and subjects them to critical scrutiny. Rather than mimic Orientalist methods of analysis, the author integrates the views of a contemporary, but traditional Islamic scholar, and demonstrates that an accused receives similar, if not more, protection than in a secular, Western tradition.
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Hamad, Ahmed M. A., Haslinda Binti Mohd Anuar, and Rohizan Binti Halim. "The Judiciary in Islamic Law, Palestinian Legislation, and Guarantees of Its Independence." Samarah: Jurnal Hukum Keluarga dan Hukum Islam 5, no. 1 (June 30, 2021): 1. http://dx.doi.org/10.22373/sjhk.v5i1.8927.
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The contemplating the constitutional and legal system of democratic countries, they unite on the principle of the independence of the judiciary until it became a constitutional principle related to the protection of human rights, which is a natural effect of the existence of a judiciary that stands on an equal footing with the legislative and executive authorities. The principle of the independence of the judiciary is considered the first principle of the general principles governing the work of the judiciary. The independence of the judiciary leads to its immunity by preventing the executive authority from intruding and interfering in its affairs and its work. The importance of this study is that it will clarify the extent to which the principle of the independence of the judiciary is applied in Islamic law compared to Palestinian legislation and the guarantees of this principle. To achieve the objective of this paper, legal socio-legal research was adopted using the qualitative approach to analyse relevant Islamic law and Palestinian legislative texts. The study concluded that the administration and structure of the judiciary in Islamic law differs from Palestinian legislation in terms of the extent of application of the principle of the independence of the judiciary.
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Mohamad, Tun Abdul Hamid. "SPECIAL FEATURE No Judge is Parliament." IIUM Law Journal 26, no. 1 (June 30, 2018): 1. http://dx.doi.org/10.31436/iiumlj.v26i1.388.
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Wittmer, Fabius, and Christian Waldhoff. "Religious Education in Germany in Light of Religious Diversity: Constitutional Requirements for Religious Education." German Law Journal 20, no. 7 (October 2019): 1047–65. http://dx.doi.org/10.1017/glj.2019.76.
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AbstractIn Article 7, paragraph 3, the German Constitution provides that religious education shall be a part of the curriculum of public school. This is one of the three approaches of dealing with religious education existing today. Originally, religious education as a regular subject at public schools in Germany was only offered by the two Christian Churches—Catholic and Protestant. As the number of Christians decreased and the number of Muslims increased, the demand for Islamic religious education at public schools grew. Therefore, the question arose whether the constitutional law concerning religion is capable of facing the new challenges of religious diversity. This Article tries to answer this question with regard to the introduction of Islamic religious education as a measure of adaptiveness. In the first step, the requirements of Article 7, paragraph 3 of the Constitution posed to religious education will be outlined in order to be able to examine in the second step whether Islamic religious education may be introduced at public schools as a regular subject. In this regard, the issue of the qualification of an umbrella association as a religious society and the constitutionality of the advisory board model will be discussed.