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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: 



             AND PUBLIC POLICY

Volume 2, Number 2                                       Spring 2016

                       SHARIA AND LAW

                        Mohammad Rasekht

           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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