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Asma Uddin Subscribe

Asma Uddin is an attorney at the Becket Fund for Religious Liberty, Legal Fellow at the Institute for Social Policy and Understanding, and the Founder & Editor-in-Chief of Altmuslimah.com.

February 1, 2013|

Muslim States and the Protection of Fundamental Rights

by Asma Uddin|

In response to: Islam and Constitutionalism

Tunisia's Constitutional Assembly, November 2011

In his essay, “Islam and Constitutionalism,” Sohail H. Hashmi boldly confronts a difficult question: Are Islam and constitutionalism compatible? On his account, a functioning constitutional system has three essential features: (1) limited and accountable government; (2) adherence to the rule of law; and (3) protection of fundamental rights. While virtually all majority-Muslim states have embraced the idea that a constitution is an essential feature of modern governance, the features of constitutionalism identified by Hashmi have often been conspicuously absent from these states. In responding to him, I will focus on the ability of majority-Muslim states to embrace the third element…

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Sohail Hashmi makes what seems to be a very reasonable case for the compatibility of Islam and constitutional government, and for the role of a reformed sharia as the foundation for the development of constitutionalism today.  However, his case founders upon his not having given sufficient weight to the obstacles to this development, though his…

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I’m deeply grateful for Professor Hashmi’s lead essay and would recommend it to anyone interested in the intellectual history of Islam or curious about the distinctions between a modern Islamic view of the relationship between government and religion and the modern, dominant view of the Christian and post-Christian West.  It is not, in fact, my…

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