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Divided By A Common Legal Tradition, Intisar Rabb Phd
Divided By A Common Legal Tradition, Intisar Rabb Phd
Intisar A. Rabb
No abstract provided.
We The Jurists': Islamic Constitutionalism In Iraq, Intisar Rabb Phd
We The Jurists': Islamic Constitutionalism In Iraq, Intisar Rabb Phd
Intisar A. Rabb
This article examines the implications of incorporating Islamic law in a modern democratic constitutional context. The new Iraqi constitution's designation of Islamic law as "a source of law" placed the issue of Islamic law's role in new democracies at the forefront of the debates on "Islamic constitutionalism" - governing structures characterized by written constitutions that incorporate Islamic law. With its incorporation of both Islamic law and democratic/human rights provisions, the Iraqi constitution establishes a scenario where the government must legislate or adjudicate with respect to a set of dual norms. What challenges does the government face in attempts to legislate …