Constitutionalism and SyarŽi`ah
AbstractIslamic constitutionalism has attracted growing interest in recent years. This article examines the debate on the compatibility of the SyarŽi`ah and constitutionalism. It evaluates the arguments of fundamentalists (Saudi Arabia), and secularists (Turkey) that the nature and characteristics of the SyarŽi`ah do not permit them to acknowledge the compatibility between the SyarŽi`ah and constitutionalism. By contrast, the article rejects fundamentalists' and secularists' models, and argues that the SyarŽi`ah is compatible with constitutionalism either as a formal source (Egypt and Iran) or only as an inspiration (Indonesia). |