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Full-Text Articles in Law
Islamic Law And The Making And Remaking Of The Iraqi Legal System, Kristen Stilt
Islamic Law And The Making And Remaking Of The Iraqi Legal System, Kristen Stilt
Faculty Working Papers
This article examines the drafting process of the new Iraqi constitution, which took place in 2004 and 2005 as a result of the U.S. invasion of Iraq. It addresses the role of Islamic law in the Iraqi legal system prior to the invasion and considers how a new constitution may deal with the question and analyzes, based on Iraq's history, current situation, and the experience of other similar countries, how Islamic law may be retained or incorporated into the new Iraqi legal system. While the constitutional discussion is important, the Article also shows who debates over Islamic law in Iraq …
How Is Islam The Solution?: Constitutional Visions Of Contemporary Islamists, Kristen Stilt
How Is Islam The Solution?: Constitutional Visions Of Contemporary Islamists, Kristen Stilt
Faculty Working Papers
This Article uses documents issued by the Muslim Brotherhood, in particular the lengthy 2007 "Political Party" Platform, and personal interviews with Brotherhood leadership to examine the group's specific goals and beliefs for the place of religion within the structure of the Egyptian legal system. While many important angles need to be explored, I focus on one topic that has drawn the most attention to the Brotherhood, the place of religion in the state, or religion defined and enforced by state institutions. I show that the Brotherhood carefully acknowledges the existing constitutional structure and jurisprudence on the position of Islam in …
Fundamental Questions About The Religion Clauses: Reflections On Some Critiques, Kent Greenawalt
Fundamental Questions About The Religion Clauses: Reflections On Some Critiques, Kent Greenawalt
Faculty Scholarship
This essay responds to some major critiques of my work on the religion clauses. The effort has seemed worth undertaking because many issues the critics raise lie at the core of one’s approach to free exercise and nonestablishment, and some of those issues matter greatly for constitutional adjudication more broadly. Like any author, perhaps, my reaction to reading some comments has been that I did not quite say that, but I shall not bore you with these quibbles about how well I explained myself in the past. Rather, I shall try to confront the genuinely basic questions that many of …