The Reference to the Sharia in Arab Politics and Constitutions - Archive ouverte HAL Accéder directement au contenu
Chapitre D'ouvrage Année : 2016

The Reference to the Sharia in Arab Politics and Constitutions

Résumé

Contemporary experiences of integrating Sharia in the legal body of nation-states took place in such a way that we can talk about disruption of the economy and the epistemology of Islamic normativity. Its overall balance, its fundamentals and its morphology – or what we might call its grammar – have been transformed completely. This is true at a substantial level, where applicable norms are largely formulated through codification. This is also true at an institutional level, with the establishment of constitutional architectures dedicated to the separation of powers, the hierarchy of jurisdictions, the legislative principle, the popular representation, and the fundamental rights and freedoms, within which Sharia is deemed to be a reference framework rather than specific and directly applicable rules. The use of certain terminology does not necessarily mean the use of the same language. It is thus seen that the vocabulary of Sharia is mobilized in different contexts, without any greater permeability between the argumentative logic of any register. This is not due to different levels of truth, but in fact it is due to the purposes towards which the people involved orient themselves in terms of these discursive activities. As a law, the Sharia is an invention of the nineteenth century. As a reference in the political register, it is a formulation of the second half of the twentieth century. However, as a constitutionalized source of legislation, it is an innovation of the last quarter of twentieth century. But as an ethical paradigm autonomous from legal normativity, it is a current resurgence.

Domaines

Sociologie
Fichier principal
Vignette du fichier
Arab Constitutions_Sharia Politics Constitutions.pdf (207.43 Ko) Télécharger le fichier
Origine : Fichiers produits par l'(les) auteur(s)

Dates et versions

hal-01624579 , version 1 (27-10-2017)

Identifiants

  • HAL Id : hal-01624579 , version 1

Citer

Baudouin Dupret. The Reference to the Sharia in Arab Politics and Constitutions. Constitutionalism, Human Rights and Islam after the Arab Spring, 2016. ⟨hal-01624579⟩

Collections

CNRS
170 Consultations
672 Téléchargements

Partager

Gmail Facebook X LinkedIn More