You have no items in your shopping cart.
Close
Search
Filters

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: In Print
Publication Date: Jun 3,2019
Interior Color: Black
Trim Size: 6 x 9
Page Count: 379
Languages: English
ISBN: 978-1-4632-0693-2
$118.00
Ship to
*
*
Shipping Method
Name
Estimated Delivery
Price
No shipping options

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.

Write your own review
  • Only registered users can write reviews
*
*
Bad
Excellent
*
*
*
*
Contributor

PietroLongo

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)

Customers who bought this item also bought
Picture of The Aqaba Khans and the Origin of Khans in Jordan

The Aqaba Khans and the Origin of Khans in Jordan

A diachronic study of the development of Aqaba castle, an important Islamic khan at the junction of two major pilgrim routes, both based on Arabic and Crusader sources and the results of the excavations undertaken by Ghent University in Aqaba.
$208.00
Picture of The Syriac Orthodox in North America (1895–1995)

The Syriac Orthodox in North America (1895–1995)

A short history of the Syriac Orthodox community in North America between 1895, the year of the First Sayfo that triggered the first wave of immigration to North America, and 1995, marking the passing away of Metropolitan Mor Athanasius Yeshue Samuel, the first and only Archbishop of the Syriac Orthodox Archdiocese of the United States and Canada.
$42.00
Picture of The Chronicle of Michael the Great (The Edessa-Aleppo Syriac Codex)

The Chronicle of Michael the Great (The Edessa-Aleppo Syriac Codex)

Michael the Great was elected patriarch of the Syriac Orthodox church in a most instable period. He nevertheless, found time, clarity of mind, and determination to write a voluminous world chronicle, which he completed four years before he died in November 7, 1199. The present edition and its translation begin with Book XV and end with Book XXI, the last Book in the Chronicle, thereby covering more than 160 years, from AD 1031 to AD 1195.
$215.00
Picture of Studies in Biblical Philology and Lexicography

Studies in Biblical Philology and Lexicography

This volume offers papers that emerged from the meeting of the International Syriac Language Project (ISLP) which took place at Stellenbosch University, South Africa, in September 2016, and at the Humboldt-Universität zu Berlin, in August 2017. The ISLP invites research not only into Syriac, but extends its range to all ancient language lexicography. Hence its proceedings enrich the whole field of Syriac, Hebrew, and Greek lexicography. The ISLP especially encourages research into the interfaces between these languages, and hence the current volume contains a number of papers on translation equivalence: Hebrew-Greek, Hebrew-Syriac, and Greek-Syriac. Other philologically focused pieces explore matters relating to textual and manuscript traditions. All of these are preceded in the present volume by an extensive review of the production and achievements of the ISLP to date.
$149.00