- The Oxford Handbook of Islamic Law
- Editors’ Introduction
- Notes on the Contributors
- Islamic Legal Studies: A Critical Historiography
- On Reading Fiqh
- Islamic Law and Gender
- Islamic Law and Theology
- Anthropology and Islamic Law
- Falsafa and Law
- Imami Shi‘I Legal Theory: From its Origins to the Early Twentieth Century
- Custom in the Islamic Legal Tradition
- The Historiography of Sunni Usul al-Fiqh
- Hisba and Muhtasib
- The Mazalim in Historiography
- Origins of and Influences on Islamic law
- The Classical Period: Scripture, Origins, and Early Development
- The Age of Development and Continuity, 12th–15th Centuries CE
- The Historiography of Islamic Law During the Mamluk Sultanate
- Law in the Ottoman Empire
- A Historiography of Islamic Law in the Mughal Empire
- Delivering Justice: The Monarch’s ‘Urfi Courts and the Shari‘a in Safavid Iran
- Anglo-Muhammadan Law
- Legislation as an Instrument of Islamic Law
- Islamic Law and Society in Southeast Asia
- Islamic Law in Post-revolutionary Iran
- The Turkish Republic
- Islamic Law in South Asia: A Testament to Diversity
- The Incorporation of Shari‘a in North America: Enforcing the Mahr to Combat Women’s Poverty Post-relationship Dissolution
- Islamic Law in Western Europe
- Shari‘a in Australia
- Islamic Law and Constitutions
- Islamic Law and Human Rights
- Islamic Law and Finance
- A Historiography of Islamic Family Law
Abstract and Keywords
This article explores the scholarly interest in the relationship between constitutions and the Islamic legal tradition. It begins with an overview of constitutional texts and what they say about Islam. It then considers whether the Islamic religion in general, and the shari‘a in particular, lend themselves to constitutionalism. Thereafter, it analyzes how a new generation of scholars from other disciplines have joined those older scholarly efforts. More specifically, it examines the shift in focus of recent scholarship from heavily textual methodologies that prioritize specifically religious and intellectual questions, to more contextualized lines of inquiry that address the legal, institutional, historical, and policy implications of Islamic constitutional development. Finally, it looks at three scholarly debates (ones that have been connected to debates among Muslim political and legal thinkers): the relationship between Islam and constitutional texts; who has interpretive authority in such matters; and where debates take place.
Nathan J. Brown is Professor of Political Science and International Affairs and the Director of the Institute for Middle East Studies at Elliott School of International Affairs.
Mara Revkin is a Ph.D. candidate in the Political Science Department at Yale University and an Islamic Law and Civilization Research Fellow of Yale Law School.
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