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Theory and Practice in Islamic Constitutionalism


From Classical Fiqh to Modern Systems


This groundbreaking study investigates theories of Islamic constitutionalism as expressed and implemented throughout the history of Islam. To achieve this, it first traces the roots of caliphate embedded within the seminal legal and political works of classical and modern Muslim thinkers. In its concluding chapters, the study maps out and discusses the subsequent transition of Islamic and Muslim governance into twentieth-century approaches to constitutionalism. Longo's resourceful and meticulous approach sheds new light on constitutionalism within the contemporary Muslim world and how it continues to be informed by, or departs from classical theories of Islamic and Muslim governance.
Publisher: Gorgias Press LLC
Availability: In stock
SKU (ISBN): 978-1-4632-0693-2
  • *
Publication Status: Forthcoming

Publication Date: Apr 22,2019
Interior Color: Black
Trim Size: 6 x 9
Page Count: 379
Language: English
ISBN: 978-1-4632-0693-2
$99.00

This groundbreaking study investigates theories of Islamic constitutionalism as expressed and implemented throughout the history of Islam. To achieve this, it first traces the roots of caliphate embedded within the seminal legal and political works of classical and modern Muslim thinkers. In its concluding chapters, the study maps out and discusses the subsequent transition of Islamic and Muslim governance into twentieth-century approaches to constitutionalism. Longo's resourceful and meticulous approach sheds new light on constitutionalism within the contemporary Muslim world and how it continues to be informed by, or departs from classical theories of Islamic and Muslim governance.

This groundbreaking study investigates theories of Islamic constitutionalism as expressed and implemented throughout the history of Islam. To achieve this, it first traces the roots of caliphate embedded within the seminal legal and political works of classical and modern Muslim thinkers. In its concluding chapters, the study maps out and discusses the subsequent transition of Islamic and Muslim governance into twentieth-century approaches to constitutionalism. Longo's resourceful and meticulous approach sheds new light on constitutionalism within the contemporary Muslim world and how it continues to be informed by, or departs from classical theories of Islamic and Muslim governance.

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Contributor

Pietro Longo

Table of Contents (v) 
Introduction (1) 
The state of research (5)
Chapter I. Islamic constitutionalism from within: the theory of the Caliphate in classical sources (11) 
   1. Introduction and periodization (11) 
   2. Qurʾānic foundations of the Caliphate: a limited normativity (13) 
   3. The Caliphate as defined by the Prophetic sunna (22) 
   4. The jurisprudence of the Caliphate: early developments (24) 
   5. The necessity for the Caliphate (32)
   6. The Caliphal governance (70) 
Chapter II. The legal closure of the Caliphate and the rise of Islamic constitutionalism (79) 
   1. Legal coding and the “modernization” of Islamic law (79) 
   2. Early constitutional documents and the late Ottoman system (87) 
   3. The founding fathers of liberal constitutionalism in and legal thought (97)
   4. Rationalizing political powers: the Ottoman constitution of 1876 (121)
   5. The Persian constitution between classical fiqh and positive law (131)
   6. The legal closure of the Caliphate and the rise of the jurisprudence on the “Islamic State” (136)
Chapter III. The development of Islamic constitutionalism in the XX century. Theory and Practice (149)
   1. Constitutional Cycles in the Muslim World: purposes and functions of the constitutions (149)
   2. Historicizing constitutionalism in the Muslim world (156)
   3. Modern theories of Islamic constitutionalism: towards a new orthopraxis (188)
   4. Islamic constitutionalism in the Fuqahā' al-Wasatiyya-doctrine (209)
Chapter IV. Fundamental rights and duties in Islamic law and in the constitutions of the modern Muslim world (221)
   1. Islamic constitutionalism: Definition and content (221)
   2. Sovereignty according to liberal and Islamic constitutionalism (225)
   3. Sovereignty and separation of powers in the current constitutions of the Muslim world (232)
   4. The power to legislate in the constitutions of the Muslim world (249)
   5. The executive power and the instruments for checks and balances (252)
   6. Judicial power in the constitutions of the Muslim world (263)
   7. Islamic reinterpretation of the democratic constitutionalism: the principle of consultation (267)
   8. Religious legitimacy in the constitutions of the Muslim world (284)
Conclusion (293) 
   1. The nature of the Islamic state (293) 
   2. From the Caliphate to the nation state: the failure to implement the Islamic material constitution (299) 
   3. Back to the madhhab (303) 
   4. The a as a Grundnorm of the constituent power (309)
Bibliography (317)
Index of names (361) 
Index of Arabic words (367)