The Future of Constitutionalism and Human Rights in the Muslim World

The revival of constitutionalism in post-conflict countries and post-Arab Spring era has led to many interrogations: while some have wondered whether a Muslim constitution can exist, others have sought to reconcile universal values such as human rights and democracy with Islam. This presentation will focus on Islamic constitutionalism in the modern nation state context, looking at how the inclusion of Islam in a constitution impacts human rights. Islamic constitutionalism is a recent phenomenon and some have argued that it cannot be reconciled with classical Islamic law. I seek to demonstrate that not only can Islamic constitutionalism be adapted to reflect modern nation states’ concerns such as human rights; it also embraces classical Islamic law. I also argue that the main issue does not pertain to the form of State adopted, whether a nation state or the Caliphate; the main obstacle to having a Muslim constitution respecting human rights in a nation state is the definition of the rule of law. Consequently, my presentation will develop the aspect of the clash of legitimacy when it comes to the separation of powers and how it impacts human rights.