Impact of western constitutionalism on the Muslim constitutional developments

The concept of constitution and the constitutional process in Islamic states lasted centuries to formulate their legal structures. One of the most significant concepts of law that is affected by social and political developments is the constitutional law. The constitutional structure of Islamic stat...

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Bibliographic Details
Main Author: Kayadibi, Saim
Format: Book Chapter
Language:English
Published: IIUM Press 2011
Subjects:
Online Access:http://irep.iium.edu.my/17298/
http://irep.iium.edu.my/17298/1/2-ImpactofWestern.pdf
Description
Summary:The concept of constitution and the constitutional process in Islamic states lasted centuries to formulate their legal structures. One of the most significant concepts of law that is affected by social and political developments is the constitutional law. The constitutional structure of Islamic states, especially Gulf States, are considerably different than other Islamic states; Kuwait, Bahrain, Qatar, and UAE have written constitution in acknowledgeable in modern form somewhat Saudi Arabia and Oman have no written constitution stated strongly by King or Sultan and principally by the Shari‘ah. This paper tries to analyze constitutional developments in Islamic states in two main frameworks: the first deals with historical backdrops of constitutional process in Islamic states focusing on the structure of their current constitutions, while the second probes the Ottoman Turkey giving a special attention to the new Turkey, a secular state.