Modernity, Rationality and Constitutional Law in Muslim-Majority Countries

Research output: Working paper › Research › peer-review

Standard

Modernity, Rationality and Constitutional Law in Muslim-Majority Countries. / Abat Ninet, Antoni.

Copenhagen : Danish Institute for Human Rights, 2015. p. 1-26.

Research output: Working paper › Research › peer-review

Harvard

Abat Ninet, A 2015 'Modernity, Rationality and Constitutional Law in Muslim-Majority Countries' Danish Institute for Human Rights, Copenhagen, pp. 1-26.

APA

Abat Ninet, A. (2015). Modernity, Rationality and Constitutional Law in Muslim-Majority Countries. (pp. 1-26). Danish Institute for Human Rights.

Vancouver

Abat Ninet A. Modernity, Rationality and Constitutional Law in Muslim-Majority Countries. Copenhagen: Danish Institute for Human Rights. 2015 Feb 5, p. 1-26.

Author

Abat Ninet, Antoni. / Modernity, Rationality and Constitutional Law in Muslim-Majority Countries. Copenhagen : Danish Institute for Human Rights, 2015. pp. 1-26

Bibtex

@techreport{5a8956e155784255ae523464585918e0,
title = "Modernity, Rationality and Constitutional Law in Muslim-Majority Countries",
abstract = "Are Islamic law, human rights and constitutionalism compatible? In answering this question, this paper first discusses the concept of modernity (understood in terms of rationality and standardization), analysing its abrupt implementation in the MENA countries and the role that the first modern constitutions played in institutionalising a new sort of dominion in the newly established states.Against this background, the paper discusses the relationship between constitutionalism and Shari{\textquoteright}a law, presenting this as a clash between two competing normative visions that are conceptually difficult to reconcile and which each claim exclusivity and hierarchical superiority.The paper advocates for a deconstruction of the ideas of human rights and constitutionalism in order to allow for the incorporation of elements of Muslim traditions, thus challenging the understanding of human rights and constitutionalism as a cultural imposition, and as a new form of colonization.",
author = "{Abat Ninet}, Antoni",
year = "2015",
month = feb,
day = "5",
language = "English",
pages = "1--26",
publisher = "Danish Institute for Human Rights",
type = "WorkingPaper",
institution = "Danish Institute for Human Rights",

}

RIS

TY - UNPB

T1 - Modernity, Rationality and Constitutional Law in Muslim-Majority Countries

AU - Abat Ninet, Antoni

PY - 2015/2/5

Y1 - 2015/2/5

N2 - Are Islamic law, human rights and constitutionalism compatible? In answering this question, this paper first discusses the concept of modernity (understood in terms of rationality and standardization), analysing its abrupt implementation in the MENA countries and the role that the first modern constitutions played in institutionalising a new sort of dominion in the newly established states.Against this background, the paper discusses the relationship between constitutionalism and Shari’a law, presenting this as a clash between two competing normative visions that are conceptually difficult to reconcile and which each claim exclusivity and hierarchical superiority.The paper advocates for a deconstruction of the ideas of human rights and constitutionalism in order to allow for the incorporation of elements of Muslim traditions, thus challenging the understanding of human rights and constitutionalism as a cultural imposition, and as a new form of colonization.

AB - Are Islamic law, human rights and constitutionalism compatible? In answering this question, this paper first discusses the concept of modernity (understood in terms of rationality and standardization), analysing its abrupt implementation in the MENA countries and the role that the first modern constitutions played in institutionalising a new sort of dominion in the newly established states.Against this background, the paper discusses the relationship between constitutionalism and Shari’a law, presenting this as a clash between two competing normative visions that are conceptually difficult to reconcile and which each claim exclusivity and hierarchical superiority.The paper advocates for a deconstruction of the ideas of human rights and constitutionalism in order to allow for the incorporation of elements of Muslim traditions, thus challenging the understanding of human rights and constitutionalism as a cultural imposition, and as a new form of colonization.

M3 - Working paper

SP - 1

EP - 26

BT - Modernity, Rationality and Constitutional Law in Muslim-Majority Countries

PB - Danish Institute for Human Rights

CY - Copenhagen

ER -

ID: 130880060