CEU eTD Collection

CEU Electronic Theses and Dissertations, 2017

Author	Khawar, Usama
Title	Implications of the Principles of Islam on the Constitutional Structural Rules and Constructing a Model for Independence of Judiciary in Islamic Countries: Jurisprudence of the Supreme Constitutional Court of Egypt (SCC) and the Supreme Court of Pakistan (SCP)
Summary	It is through the dual lenses of religious law- for the purposes of this essay I have just discussed Islamic religious law- and structural constitutional rules that I have examined the two of the most significant Islamic jurisdiction, i.e., Egypt and Pakistan. These two countries are where the constitutional courts have been relatively very independent and have had opportunities to interpret Islamic provisions along with other provisions of their constitutions. I have selected these two jurisdictions to see what forms Islam can take in future in the three more recent Islamic countries (Afghanistan, Iraq, and Tunisia) that have adopted constitutions. After undertaking an in-depth analysis of our two main jurisdictions, in the last part of this essay a model for a modern, democratic Islamic state with commitments to separation of powers and independence of judiciary is proposed. It is argued that an independent judiciary and separation of powers can be built and sustained in an Islamic country if the methodology developed by the Egyptian SCC in interpreting Shariah clause is combined with the approach of the Pakistani judiciary in securing the independence of independence by relying on the principles of Islam.
Supervisor	Utiz, Renata
Department	Legal Studies LLM
Full text	https://www.etd.ceu.edu/2017/khawar_usama.pdf

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