Part 1 Constitutionalism and Islam: Conceptual Issues, 1.2 The Centrality of Sharī‘ah to Government and Constitutionalism in Islam

Abstract

This chapter examines potentialities, i.e. the doctrinal aspects in Islamic political thought that could legitimate, promote, or subvert the emergence of a constitutional practice in Muslim cultures. These doctrinal potentialities exist in a dormant state until they are co-opted and directed by systematic thought supported by cumulative social practices. The discussions focus on doctrinal potentialities or concepts constructed by the interpretive activity of Muslim scholars (primarily jurists). It covers the notion of constitutionalism and majoritarian democracy; the main concepts of Islamic political thought; justice as a core constitutional value; the instrumentalities of government in Islamic thought; the possibility of individual rights; and constitutionalism and Sharīʻah.