Islam, Constitutional Law and Human Rights: Sexual Minorities And Freethinkers In Egypt And Tunisia

This book explores the relationship between religion and individual liberties in Islamic constitutionalism, assessing post-Arab Spring Constitutions in Egypt and Tunisia and focusing on the rights of sexual minorities and freethinkers. It argues that the tension between shariᶜa and human rights is accentuated in certain areas and provides a theoretical account of constitutionalism and human rights in Islam.

Format: Paperback / softback
Length: 194 pages
Publication date: 31 May 2023
Publisher: Taylor & Francis Ltd

This book delves into the intricate relationship between religion and the protection of individual liberties, particularly in the context of Islamic constitutionalism. It explores the potential conflicts that may arise between shariᶜa, the Islamic ethos, and the safeguarding of individual rights. The analysis begins with a comprehensive theoretical overview of constitutionalism, human rights, and Islam, providing a foundation for the subsequent examination.

Part I delves into the theoretical foundations of constitutionalism and human rights in Islam, comparing and contrasting them with Western constitutionalism. It examines the issues where the tension between shariᶜa and human rights is most pronounced, highlighting the challenges and complexities involved in reconciling these two systems. The analysis is conducted against the backdrop of the primary Islamic charters of rights, which serve as a framework for understanding the interplay between religion and individual freedoms.

Part II extends the analysis to the Constitutions of Tunisia and Egypt, which were at the forefront of the Arab Spring movements. It assesses the extent to which these Constitutions uphold and protect individual rights, considering the historical, cultural, and legal contexts in which they were developed. The focus is on two specific rights that are often overlooked and under-explored in Muslim contexts: the freedom from interference in one's intimate life, particularly with regard to homosexuality, and the freedom of holding and expressing nonconventional beliefs, which are deemed unacceptable from the perspective of traditional Islam.

These issues have been chosen as representative of the most controversial and contentious aspects of individual freedoms in Muslim societies. By examining them from the perspective of both the Constitutions and international law, the work seeks to push the boundaries of the human rights discourse in Muslim contexts. It aims to shed light on the complexities and challenges faced by individuals and communities seeking to balance religious beliefs and human rights in a rapidly evolving global landscape.

In conclusion, this book offers a comprehensive and nuanced exploration of the relationship between religion and individual liberties in Islamic constitutionalism. It provides a valuable contribution to the ongoing debate on the role of religion in shaping legal and social systems, and highlights the need for a nuanced and inclusive approach to addressing the complex challenges posed by this interplay.

Weight: 332g
Dimension: 233 x 156 x 15 (mm)
ISBN-13: 9781032051260