The Shari'a in the Constitutions of Afghanistan, Iran and Egypt - Implications for Private Law

Many Islamic countries have incorporated the Shari'a into their constitutions as one of the main sources or even the primary source of law. The implications of such a choice are manifold. So far, no general model has emerged as to how this constitutional postulate is to be translated into legal reality. In January 2004, Afghanistan enacted a constitution in which similar principles were incorporated. While looking at the situation in Iran and Egypt, this book analyses the possible implications for the Afghan legal system in general and its private law in particular. To further the ongoing discussions within the legal community in Afghanistan, all contributions and legal texts are published in English and Dari. Titel Preface Table of Content Abbreviations Contributors Part I: Sharīʿa in Afghanistan Jürgen Basedow: Introduction Mohammad Hamid Saboory: The Progress of Constitutionalism in Afghanistan Mohammad Hashem Kamali: Islam and its Sharīʿa in the Afghan Constitution 2004 with Special Reference to Personal Law Nadjma Yassari: Legal Pluralism and Family Law: An Assessment of the Current Situation in Afghanistan Ali Wardak: Building a Post-War Justice System in Afghanistan Irene Schneider: The Position of Women in the Islamic and Afghan Judiciary Bashir Munib: Law of Land Tenure and Transfer of Property in Times of War Part II: The Iranian Model Elaheh Kolaei: Afghan and Iranian Women: Sharing Experiences Mohammad Rasekh: Are Islamism and Republicanism Compatible? A Theory of the Unchangeable Principles of the Constitution of the Islamic Republic of Iran Behrooz Akhlaghi: Iranian Commercial law and the New Investment Law FIPPA Nahid Shid: Selected Aspects of Iranian Family Law Part III: The Egyptian Way Adel Omar Sherif: Constitutions of Arab Countries and the Position of the Sharīʿa Baudouin Dupret: A Retum to the Sharīʿa? Egyptian Judges and the Reference to Islam Part IV: Concluding Remarks Martin Haars: Summary and Concluding Remarks Bibliography Participants in the Conference Appendices Annex A: The Afghan Constitution 1964 (Dari/English) Annex B: The Agreement on Provisional Arrangements in Afghanistan Pending the Re-Establishment of Permanent Government Institutions Annex C: The Afghan Constitution 2004 (Dari/English) Annex D: Excerpts of the Iranian Constitution 1979 as amended 1989 (Farsi/English) Annex E: Foreign Investment Promotion and Protection Act 2002 FIPPA (Farsi/English)