Date of Award
Master of Laws (LLM)
The study seeks to attract scholars' attention to the importance of normative theory in the process of constitutionalism in the Islamic world. The study argues that Islamic jurisprudence requires a state or a public authority to ensure the conformity of outward with Islamic norms. Accordingly, the preservation of Islamic norms is a central value controlling the dynamics of public/private distinction. Thus, the central value determines the meaning of limited government, and the study argues this central value in constitutional level defines people's liberties. Then, the study discusses the effect of the Islamic normative theory on the liberal-Islamic model of constitutionalism. The study focuses on what it calls the internalizing effect of an Islamic clause. The study addresses the feasibility of the liberal-Islamic model of constitutionalism regarding the normative theory of Islamic jurisprudence. The study mainly questions the capability of judicial review to fulfill its role within the model because its interpretation is subject to the internal rationale and central value of the Islamic normative theory. The study conducts a textual analysis of Islamic clauses, and it employs Carl Schmitt's concept of central Domain to examine the internalizing effect of an Islamic clause.
Almalki, Faris F., "Public/Private Distinction in Islamic Jurisprudence: Reflection on Islamic Constitutionalism" (2019). Theses and Dissertations. 68.