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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Constitutions and Sharia Provisions

Valentina Rita Scotti

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 05 November 2024

Subject(s):
Constitutional mention of God or other deities — Official religion — Religious courts — Separation of church and state — Islam — Status of decisions of religious tribunals — Comparative constitutional law — Religious texts — Religious minorities

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum
Managing Editor: Martina Mantovani

1 In the second half of the twentieth century, Muslim framers began to entrench sharia (Islamic Law) in the constitutions of their countries and to consolidate its role as a referent in the complex dynamic among politics, religion, law, and morality (Dupret 2016; relation of religion to state and society). Thence, different normativities emerged according to the ways these elements aligned, and different political regimes found justification in sharia prescriptions according to the latter’s interpretation. As a premise for the study of these normativities, the...
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