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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 …
Public And Private As Viewed Through The Work Of The Muhtasib, Kristen Stilt, Roy Mottahedeh
Public And Private As Viewed Through The Work Of The Muhtasib, Kristen Stilt, Roy Mottahedeh
Faculty Working Papers
This article examines the distinctions between public and private space in classical Islamic law through the work of the muhtasib, a legal official charged with the inspection of public places and behavior in towns of the premodern Middle East and North Africa (and in some Muslim communities outside of these areas).
Constitutional Authority And Subversion: Egypt's New Presidential Election System, Kristen Stilt
Constitutional Authority And Subversion: Egypt's New Presidential Election System, Kristen Stilt
Faculty Working Papers
This article examines the 2005 amendments to the Egyptian constitution that were intended to change the presidential selection system from a single-nominee referendum to a multi-candidate election. Through a careful study of the amendments and the related laws, it shows that while on the surface this amendment looks as though it opens the presidential elections to multiple candidates, its actual goal is to perpetuate the rule of President Mubarak and his National Democratic Party. Further, by entrenching the new election system through a detailed constitutional amendment, the Egyptian regime has subverted the powers of the Supreme Constitutional Court (SCC) to …
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 …