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2 J. Glob. Just. & Pub. Pol'y 259 (2015-2016)
Sharia and Law in the Age of Constitutionalism

handle is hein.journals/jglojpp2 and id is 281 raw text is: REGENT UNIVERSITY SCHOOL OF LAW JOURNAL OF GLOBAL JUSTICE AND PUBLIC POLICY IN COLLABORATION WITH HANDONG INTERNATIONAL LAW SCHOOL Volume 2, Number 2 Spring 2016 SHARIA AND LAW IN THE AGE OF CONSTITUTIONALISM Mohammad Rasekht Abstract Muslim societies now have embraced, more or less, the ideas and institutions of constitutionalism. It may be said that the rule of law, public consent to the political authority, and basic citizens' entitlements are among the main constituent elements of constitutionalism. Modern law holds a particular status among those elements. It is, inter alia, state-made and amoral, and functions as a unifying thread in the fabric of constitutionalism, which in turn regulates a nation (i.e., a pluralistic society). Muslims always have insisted that the law should comply with or at least not contradict Sharia. They have in fact conceived modern law as a form, which can and ought to be instantiated with the substance of Sharia. This substance (Sharia) is, however, supposed to be, inter alia, jurist-made and moral. Could such a substance accommodate the public consent orientation and the amoral nature of legal rules that regulate the public life of a pluralistic society, and secure the rights of its members? If the answer is in the negative, what could be the way out? t Professor of Public Law and Jurisprudence, Shahid-Beheshti University, Tehran (formerly National University of Iran). The first version of this Article was read during a seminar at the Institute of Ismaili Studies, London, on April 09, 2015. The author would like to express his gratitude to the Institute for giving him the opportunity to share certain ideas with the respectable audience. He deeply appreciates the excellent questions the audience at the seminar put forward, and also would like to thank Dr. Mahnaz Bayat, Faezeh Ameri, Fatemeh Bakhshizadeh and Shirin Boroumand for their valuable comments and assistance in the completion of this Article.

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