In many Muslim-majority countries, voters say they favor Sharia as a source of civil law. It’s not always clear what this means. Does “Sharia” refer to classical fiqh or something else? Is “Sharia” meant to apply as law or serve as a background norm for judging the validity of other laws? In a new article, Designing Islamic Constitutions: Past Trends and Options for a Democratic Future, Clark Lombardi (University of Washington) explores the trend of enshrining Sharia in recent constitutions in Muslim-majority countries. Here’s the abstract:
In recent years a growing number of countries have adopted constitutional provisions requiring that state law respect Islamic law (sharia). Muslims today are deeply divided, however, about what types of state action are consistent with sharia. Thus, the impact of a “Sharia Guarantee Clause” depends to a large degree on questions of constitutional design — on who is given the power to interpret and apply the provision and on what procedures that they follow when making their decisions. This article explores the trends that gave rise to SGCs and provides a history of their incorporation into national constitutions. It then surveys a number of the remarkably varied schemes that countries have developed to interpret and enforce their SGC’s, and it considers the impact that different schemes have had on society. Building on this background, the article considers what type of SGC enforcement scheme, if any, are likely to permit (and ideally promote) a state to pursue democratic policies. As it notes, SGC’s are often found in authoritarian or imperfectly democratic constitutions. Unsurprisingly, the designers of SGC enforcement schemes in non-democratic countries have generally tried to ensure that their SGC will be interpreted and applied in a way that permitted or even promoted non-democratic policies. Nevertheless, we can draw from the experience of these countries some important lessons about the types of SGC enforcement scheme that will allow more democratic states to promote both democratic political participation and rights. At the same time, recent debates have erupted in Western liberal democracies about how best to reconcile rights enforcement with democracy. These debates clarify some issues that aspirational Islamic democracies will face as they try to develop SGC enforcement schemes for a democratic society, and they provide insight into the qualities that an institution must possess if it is to address such issues effectively. A number of Muslim countries are currently debating how best to square a constitutional commitment to respect Islam with parallel commitments to democracy and rights. Acknowledging that these countries will need to tailor their SGC enforcement schemes to very different local conditions, this paper describes some basic design features that effective democratic SGC enforcement schemes are likely to share.

Freedom in the Liberal State





Good-Bye to All That?
A report in last week’s Telegraph suggests that British Christianity is declining more rapidly than previously understood. Initial reports about the 2011 census showed the number of people in England and Wales who describe themselves as Christians had fallen by 10 percent since 2001. But it turns out those figures included Christian immigrants, such as Polish Catholics and African Pentecostals. When one looks only at the native born, the percentage of people who describe themselves as Christians has fallen by an even greater amount–by 15% in the space of one decade. The decline is particularly pronounced among the young. At this rate, the Telegraph predicts, Christianity could become a minority religion in Britain within the next decade.
These numbers have worrisome implications for the future of the Established Church. In a country where only a minority is willing to describe itself as Christian, what would be the basis for maintaining state Christianity? A spokesman for the Church of England admits the census numbers present a challenge, but notes that recent attendance figures have been stable, and that the committed core “of the faithful remains firm.” Maybe so, but state churches, almost by definition, need to draw support from society as a whole, not only the people who attend every Sunday. Perhaps those respondents who said they weren’t Christians nonetheless think the established church serves a useful social function and want it to endure. But maybe not.
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Posted in Commentary, Mark L. Movsesian
Tagged Christianity, Church and State, Church of England, Comparative Law and Religion, Religion in Europe, United Kingdom