Theocratic Constitutionalism: A Discourse on the Political System, Democracy, Judiciary and Human Rights Under Islamic Theocratic Constitutionalism

Waikato Islamic Studies Review, Vol. 2, No. 2, 2016

13 Pages Posted: 10 Oct 2016

See all articles by Shamsul Falaah

Shamsul Falaah

University of Auckland - Faculty of Law

Date Written: September 1, 2016

Abstract

This research investigates the status of the political system, the role of the judiciary and the mechanism of the protection of fundamental rights and freedoms under theocratic constitutions – mainly under the Islamic theocratic constitutions. This paper identifies the role religion plays in the constitution and laws as the or a source of law, arguing the effects of the Islamic clauses in the constitutions due to the different processes and methods involved in the theocratic constitutionalizations and the varying degrees of supremacy reserved for Islam or Islamic law. The paper concludes arguing that there is a need to redefine the classical interpretations in Islamic Shari’ah which could harmonize the tensions arising between the Islamic theocratic constitutions and international human rights norms and democratic principles.

Keywords: Islamic Law, Theocratic Constitutions, Islamic Constitutionalism, Human Rights Law, Role of Judiciary, Democracy and Islam, Law and Religion

Suggested Citation

Falaah, Shamsul, Theocratic Constitutionalism: A Discourse on the Political System, Democracy, Judiciary and Human Rights Under Islamic Theocratic Constitutionalism (September 1, 2016). Waikato Islamic Studies Review, Vol. 2, No. 2, 2016. Available at SSRN: https://ssrn.com/abstract=2849671

Shamsul Falaah (Contact Author)

University of Auckland - Faculty of Law ( email )

Auckland
New Zealand

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