State Law as Islamic Law in Modern Egypt: The Incorporation of the Shara Into Egyptian Constitutional Law (Studies in Islamic Law and Society)

This volume explores the decision by the government of Egypt in the 1970s to constitutionalize Islamic sharīʿa and discusses its impact on Egypt’s constitutional jurisprudence. The author, who is trained in Islamic intellectual history and comparative law, begins by examining the evolution of Sunni Islamic legal theory and describes competing theories of Islamic law that co-exist in modern Egypt. The book then explores how the Supreme Constitutional Court of Egypt has developed its own approach to interrpreting sharīʿa—one that permits the Court to argue that sharī‘a principles are consistent with international human rights norms. The book concludes with a discussion of the public reception of the Court’s theory. This book will be essential for anyone interested in the evolution of Islamic law, the development of constitutional thought in the Middle East, or the relationship between Islam and human rights. This Volume Explores The Decision By The Government Of Egypt In The 1970s To Constitutionalize Islamic Shariʻa And Discusses Its Impact On Egyptʹs Constitutional Jurisprudence. The Author, Who Is Trained In Islamic Intellectual History And Comparative Law, Begins By Examining The Evolution Of Sunni Islamic Legal Theory And Describes Competing Theories Of Islamic Law That Co-exist In Modern Egypt. The Book Then Explores How The Supreme Constitutional Court Of Egypt Has Developed Its Own Approach To Interrpreting Shariʻa -- One That Permits The Court To Argue That Shariʻa Principles Are Consistent With International Human Rights Norms. The Book Concludes With A Discussion Of The Public Reception Of The Courtʹs Theory. -- Publisher Description. Introduction ---- Part I. Classical Islamic Legal Theory And The Rise Of Competing Modernist Legal Theories. 1. The Formation Of The Classical Sunni Legal Tradition --- 2. Developing Fiqh: Classical Sunni Methods Of Interpreting The Shari'a --- 3. When Was A Ruler's Law Legitimate? : The Classical Theory Of Siyasa Shar'iyya --- 4. Political, Social, And Intellectual Developments In Nineteenth-century Egypt --- 5. Modernist Egyptian Legal Theories And Modernist Approaches To Drafting Islamic Legislation --- 6. Political Islamism In Twentieth-century Egypt And The Competing Modernist Theories Of Islamic Law ---- Part Ii. Article 2 Of The Egyptian Constitution. 7. Article 2 And The Attempt At Executive-sponsored Islamization, 1970-1985 --- 8. The Interpreters Of Article 2: The Egyptian Courts And The Scc --- 9. Debates About The Scc's Jurisdiction Over Article 2 Cases --- 10. The Scc's Substantive Article 2 Jurisprudence: An Overview --- 11. The Scc's Article 2 Jurisprudence As Applied: Case Studies --- 12. The Reception Of The Scc's Article 2 Jurisprudence ---- Conclusion. By Clark B. Lombardi. Includes Bibliographical References (p. [275]-290) And Indexes. This volume explores the decision by the government of Egypt in the 1970s to constitutionalize Islamic shar a and discusses its impact on Egypt's constitutional jurisprudence. The author, who is trained in Islamic intellectual history and comparative law, begins by examining the evolution of Sunni Islamic legal theory and describes competing theories of Islamic law that co-exist in modern Egypt. The book then explores how the Supreme Constitutional Court of Egypt has developed its own approach to interrpreting shar a-one that permits the Court to argue that shar?'a principles are consistent with international human rights norms. The book concludes with a discussion of the public reception of the Court's theory. This book will be essential for anyone interested in the evolution of Islamic law, the development of constitutional thought in the Middle East, or the relationship between Islam and human rights.