Writing Islamic Constitutions: Lessons from Pakistan

Title
Writing Islamic Constitutions: Lessons from Pakistan
Publication Date
2018
Author(s)
Ahmed, Imran
( author )
OrcID: https://orcid.org/0000-0001-8115-7859
Email: iahmed5@une.edu.au
UNE Id une-id:iahmed5
Type of document
Journal Article
Language
en
Entity Type
Publication
Publisher
Routledge
Place of publication
United Kingdom
DOI
10.1080/00358533.2018.1476091
UNE publication id
une:1959.11/51682
Abstract

Muslim-majority countries often face the question of how to reconcile the place and role of religion within the framework of the nation state and a modern westernised system of constitu-tional ordering. And few states have wrangled with the politics of constitutionalising religion as profoundly and persistently as the Islamic Republic of Pakistan. This paper argues that insights drawn from Pakistan are pertinent as much for contemporary debates on Islam within many Muslim-majority countries as they are for wider debates on religion and politics in the modern period. It argues that when contemplating the constitutionalisation of Islam and Islamic provisions: the design and jurisdiction of the courts matter; it may be better to achieve a workable political compromise between competing parties on religious matters than to stall or strive for the realisation of some ideal; the constitution should be free of any sectarian bias; and constitution-makers must take more structural matters such as the separation of powers seriously when considering discussions on religion and politics.

Link
Citation
The Round Table, 107(3), p. 317-328
ISSN
1474-029X
0035-8533
Start page
317
End page
328

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