Democracy the rule of law and islam pdf

So democracy is not a western import but a core part of muslim history. It focuses on his work about islam and the fundamentals of power, published in 1925. Populism how strong are europes checks and balances. Constitution of the republic of sudan of 1998, available on the internet at. When addressing the rule of law and democracy nexus, a fundamental distinction has to be drawn between rule by law, whereby law is an. As mentioned above, democracy is regarded as the most desirable model for a free society. Based on that, in democracy legislative authority is given to someone other than allah, may he be exalted. The relationship between islam and the west has been the subject of unprecedented scrutiny in the past few years. This paper proposes a short apprehension of the reflections of one of the most important progressive islamic scholars, the egyptian theologian ali abderraziq. Cambridge studies in the theory of democracy includes bibliographical references and index. Rules and military power in pinochets chile 188 robert barros part iii 9 courts as an instrument of horizontal accountability. In 1215, english nobles pressured king john of england to sign a document known as the magna carta, a key step on the road to constitutional democracy. Magna carta, a key step on the road to constitutional democracy.

Democracy, islam, islamic law, way of life, shura, caliph, the mid dle east. Also, the law of one person, one vote is essential to democracy but heretical to islam. Human rights abuses and the protection of democracy during states of emergency. Constitutionalism, rule of law, sharia, islam, constitution. Iranians have ratified the constitution in which the principle rules are explicitly mentioned as the rules of islam to which other rules should conform. Another section looks into the rule of law in countries having a muslim majority. Today, democracy is the most closely aligned with rule of law governance. Human rights, democracy and rule of law utrecht university. The rule of law emerges when no one group is strong enough to dominate the others and when political actors seek to resolve their conflicts by recourse to law. Islam and democracy eliane ursula ettmueller abstract. Gutmann, jerg and voigt, stefan, the rule of law and islam march 2, 2017. The incorporation of the european convention on human rights. In this paper the relationship between democracy, rule of. The conceptions of human rights, democracy and the rule of law adopted at.

Union, the league of arab states and the organisation of islamic cooperation. Democracy and islam in the new constitution of afghanistan. Since islamic law is firmly grounded in justice and meant for the wellbeing of society, many muslims believe that islam must encourage and approve democracy. According to the quran, the testimony of a woman is worth only half that of a man, and jews and christians are never to have equal standing with muslims under the law and certainly never.

But a great deal more reflection is required to clarify the relationship of shura to democracy. For instance, an important strand of democratic theory developed in contrast to totalitarianism in the third quarter of the twentieth century. The clearest way to show what the rule of law means to us in everyday life is to recall what has happened when there is no rule of law. In general, where islam is mentioned in the constitution, all of the. Rule of law, while at the same time allowing the rules of islam to play. And indeed, the muslim world has experienced a wave of constitutionwriting. The principles of democracy the word democracy comes from two greek words. It focuses on establishing a secular democracy with a concentration on educational reform and rule of law in order for political, social and economic reform. Islam is not inherently incompatible with freedom, secularism, modernism and democratic values. Brown n the coming months, iraqs newly elected national assembly will face the major task of writing a permanent constitution for the country.

A necessary accompaniment for democracy the use of arbitrary power is anathema to the rule of law. The rule of law and constitutionalism in muslim countries 1 introduction many people had high hopes that the arab spring would not only do away with oldfashioned autocrats but would also bring democracy, constitutionalism and the rule of law. The rule of law and islam by jerg gutmann, stefan voigt ssrn. As more democracy is bringing more political islam into the scene in the countries of the arab. The rule of law, islam, and constitutional politics in. Abraham lincoln, democracy is government of the people, by the people, and for the people. A liberal democracy is a representative democracy in which the ability of the elected representatives to exercise decisionmaking power is subject to the rule of law, and moderated by a constitution or laws that emphasise the protection of the rights and freedoms of individuals, and which places constraints on the leaders and on the extent to. Islamic texts, democracy, and the rule of law springerlink. The incorporation of the european convention on human rights into the law of the united kingdom. All basic human rights, but iraqs new constitution isnt likely to recognize any of them. Ive written several essays about islam, the west and our supposedly shared grecoroman heritage. Human rights, democracy and the rule of law 3 chapter 8. Through some authors we have tried to understand if there can be compatibility and by virtue of this compatibility to establish a possible. In this article one wonders if the union between democracy and islam is possible and in what form.

If we consider democracy as a system inspired by the universalism of values typical of the west, can this be compatible with the values professed by islam. With few exceptions, however, this debate has proceeded in isolation from the vibrant traditions of argument within islamic theology, philosophy, and law. An eu mechanism on democracy, rule of law and fundamental rights value for money of eu programme funding in the field of democracy and rule of law june 2017 the study explores how far processes are in place to enable the delivery of value for money in this policy area. The rule of law is not an arid legal doctrine but is the foundations of a fair and just. By comparing islam and the rule of law in these two nations, one sunni and arabspeaking, the other shiite and persianspeaking, this volume enriches the current debate on islam and democracy, making for a more nuanced understanding and appreciation of differences with the muslim world, and provides an indispensible background for. Mar 07, 2017 this contribution will appear as a chapter in the handbook on the rule of law to appear with edward elgar in 2017. As with previous reports, the five chapters look at the key building blocks of democratic security.

Islam and the challenge of democracyaims to correct this deficiency. The rule of law and constitutionalism in muslim countries. After defining the rule of law, the chapter summarizes the various positions regarding the rule of law in islamic thinking. In democracies, constitutional limits on power require the subjugation of state authority to a countrys laws as established through popular consent and adopted by the peoples representatives as determined in free elections. Pdf state of democracy, human rights and the rule of law. Eisenhower the bedrock of our democracy is the rule of law and that means we have to have an independent. Scholars of islam agree that the principle of shura, or consultative decisionmaking, is the source of democratic ethics in islam. The rule of law and islam by jerg gutmann, stefan voigt. This text by cora pfafferott is the summary of democracy internationals background dossier the rule of law when is it threatened. Bruce rutherford examines the political and ideological battles that drive egyptian politics and shape the prospects for democracy throughout the region.

A common feature of both democracy and the rule of law is that a purely institutional approach does not say anything about actual outcomes of processes and procedures, even if the latter are formally correct. Ayatollah khomeini fervently believed that principles of democracy cant provide the targeted justice of islam in the sharia and islamic thoughts. Saudi arabias practices diverge from the western concept of the rule of law in all respects see essential principles. Islam and the challenge of democracy princeton, nj. The establishment of an eu mechanism on democracy, rule of. Human rights, the rule of law and democracy are interlinked and mutually reinforcing and that they belong to the universal and indivisible core values and principles of the united nations. Although it is widely believed the rule of law and constitutional democracy go handinhand, closer scrutiny reveals that constitutionalism and democracy might not always be in harmony,5 resulting in a clash between the rule of law and democracy. Aug 23, 20 but the official story over several centuries was that the empire was ruled by sharia, the holy law of islam, augmented by a civil code and by the domestic law of the various permitted sects.

Democracy and the rule of law cambridge studies in the. Jan 07, 2015 democracy is inherent to islamic values and islamic historical experience. The incorporation of the european convention on human rights into the law of the united kingdom eugene cotran 5 chapter 9. Freedom and democracy are often used interchangeably. Democracy versus the rule of law natural rights libertarian. By doing so, the king acknowledged he was bound by law, like others, and granted his subjects legal rights. Islam, democracy, and social movements the prevailing media and intellectual circles in the west perceive islam at the root of the authoritarian polity in the muslim middle east. With such conflicting concepts of law and legitimacy, any negotiated settlement of the syrian civil war has to be considered a longshot. Rule of law international journal of law and legal. He argues that secularists and islamists are converging around a reform agenda that supports key elements of liberalism, including constraints on state power, the rule of law, and protection.

The book engages the reader in a rich discourse on the challenges of democracy in contemporary islam. Democracy, islam, islamic law, way of life, shura, caliph, the middle east, iran 1. This thesis explores afghanistan and its possible path to secular democracy. Democracy literally means rule or government by, or power of, the peo.

According to article 7 of the basic law of 1992 that reaffirms earlier constitutions, the governments power is derived from the koran and the sunna the guidance set by the deeds and teachings of the prophet muhammad. This is the fourth annual report of the secretary general of the council of europe on the state of democracy, human rights and the rule of law in europe. The case of latin europe 223 carlo guarnieri 10 rule of democracy and rule of law 242 john ferejohn and pasquale pasquino 11 the rule of law as a political weapon 261 josemar. Sharia law and the transition towards more democracy and a. Pdf this chapter is concerned with the question whether political islam is. Since september 11, the international geopolitical news headlines have been dominated by stories from or about the muslim world including the subsequent invasion of afghanistan, the u. According to the quran, the testimony of a woman is worth only half that of a man, and jews and christians are never to have equal standing with muslims under the law and certainly never to be in a position of authority over muslims.

Democracy, the rule of law and islam edited by eugene cotran and adel omar sherif cimel book series no. Democracy is a system that is contrary to islam, because it gives the power of legislation to the people or to those who represent them such as members of parliament. Protecting the accused and crime victims through an international consensus on due process guarantees. Islam and democracy muslim world residents see no conflict between religious principles and democratic values by dalia mogahed, executive director, the gallup center for muslim studies islam in politics has been asserted in many countries in the muslim world through democratic elections. Who people are and how authority is shared among them are core issues for democratic theory, development and constitution. The third issue is the source of law, it incongruently being fully secular in ideal democracy but partially divine in religions.

Islamic constitutionalism and rule of law papers in the ssrn. The rule of law, islam, and constitutional politics in egypt. Or, putting it differently, rule of law and democracy are threatened when the separation of powers and human and civil rights are undermined. Mar 20, 2012 democracy versus the rule of law posted on march 20, 2012 by mark friedman politicians and media commentators generally assume that democracy is an intrinsic good, i.