Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Iraq (2)
- Repugnancy (2)
- Shari'a (2)
- Civil conflict (1)
- Constitution building (1)
-
- Election law (1)
- Ethnic conflict (1)
- Ethnic politics (1)
- Governance (1)
- Identitarian politics (1)
- Iraq elections (1)
- Iraqi Constitution (1)
- Iraqi law (1)
- Islam (1)
- Islamic Law (1)
- Islamic law (1)
- Legal transplant (1)
- Muslim states (1)
- Rule of law (1)
- Sectarian conflict (1)
- Sectarian politics (1)
- Shi'ism (1)
- Sistani (1)
Articles 1 - 3 of 3
Full-Text Articles in Arabic Studies
Ornamental Repugnancy: Identitarian Islam And The Iraqi Constitution, Haider Ala Hamoudi
Ornamental Repugnancy: Identitarian Islam And The Iraqi Constitution, Haider Ala Hamoudi
Articles
Nearly six years after the enactment of Iraq’s final constitution, the Federal Supreme Court of Iraq has yet to render a single ruling respecting the conformity of any law to the “settled rulings of Islam” despite being empowered to do precisely that under Article 2 of the Iraqi Constitution. This so-called repugnancy clause is swiftly devolving from a matter that was of some importance during constitutional negotiations into one that is more symbolic than real – an assertion of identity, primarily of the Islamic variety (though when combined with Article 92, to some extent of the Shi’i Islamic variety) – …
The Death Of Islamic Law, Haider Ala Hamoudi
The Death Of Islamic Law, Haider Ala Hamoudi
Articles
That lawmaking in many modern Muslim nation states appears to give rather short shrift to shari’a, seemingly ignoring it in all areas save the law of the family and replacing it elsewhere with European transplanted law, has been discussed. That the Muslim world is replete with political institutions and leaders that seek a greater role than this for the shari’a in the affairs of the state is obvious to anyone even faintly familiar with the region.
However, left undiscussed is the fact that the Islamist, who derives his authority precisely on the basis of returning sovereignty to God in all …
Identitarian Violence And Identitarian Politics: Elections And Governance In Iraq, Haider Ala Hamoudi
Identitarian Violence And Identitarian Politics: Elections And Governance In Iraq, Haider Ala Hamoudi
Articles
This Essay, originally published in a 2010 issue of the Harvard International Law Journal (Online), maintains that it is a mistake to ask whether or not the United States was wise to have "allowed" elections in Iraq as early as it did following its overthrow of the Saddam Hussein regime in 2003. Such a question presumes an absence of domestic agency that was certainly not the case in Iraq, and is probably not the case in any modern society under occupation. Domestic demands coming from domestic forces seeking to shore up their own power base almost necessitated the outcome of …