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DDRO 2025A - Islamized constitutions and Human rights

Type d'enseignement : Elective

Semester : Spring 2017-2018

Number of hours : 24

Language of tuition : English

Pre-requisite

There are no prerequisites for this course.

Course Description

Many Islamic Countries' constitutions adopt clauses which implement supremacy of the Islamic Sharia. This course will provide an overview of different Islamized constitutions and cover the differences and similarities between different countries which adopted the Sharia guarantee clause in their constitutions and its relationship with the practice of Human Rights. This course will examine Islamized constitutions and Human rights starting from a historical background and moving towards three different perspectives. First, from an Islamic law perspective, it will go through Islamic law and human rights in Islam. Second from a legal perspective, it will describe the legal framework, and legal practice of human rights under Islamized constitutions. Finally, it will highlight the judicial adjudication on the international human rights within an islamized constitution, based on the teacher's experience as a Judge. For such purpose, the course will expound on the following issues: Where the Sharia supremacy clause originated? Why and how did it become a part of the constitution? How it is having an impact on the legal system? How it is affecting the practice of International Human Rights? Are the rights granted under sharia contradictory to the rights stipulated in international treaties? what are the main differences between the Sharia Guarantee clauses wording within different constitutions and the consequences of these differences? Each class will include two elements: a presentation of material by the teacher and a students' presentation of a pre-assigned topic, followed by a general discussion.

Teachers

ABDELSALAM, Mohamed (Doctorant contractuel)

Course validation

• Class participation (10%): • one reaction paper (1000 words) (25%): • Presentations (30%): Each week, a team of students will make a presentation on the issue to be discussed and/or the analysis of a case. • Take home final exam (35%)

Required reading

Constitutionalism in Islamic Countries: Between Upheaval and Continuity. Rainer Grote and Tilmann Röder (2012). Oxford University Press.