The Concept of Constitutionalism in Islamic Legal Tradition

The phenomenon of Islamic constitutionalism is based on the mixture of the principles of Islamic religious law (sharia) and Western legal principles. This harmony is less or more common for all Muslim countries and their constitutions. On the other hand, according to European Court of Human Rights, principles based on sharia law contradict Western legal principles rooted in the European Convention of Human Rights. Firstly, Islamic constitutionalsim is trying to deal with Western constitutionalism as a mutation of democracy, its evolution and concept in the light of the arguments of French scholars. It is stated that the content of Muslim constitutions has much in common with such Western legal and philosophical ideas as democracy, the doctrine of human rights and constitutionalism. Furthermore, the process of constitutionalization of Islam and sharia is also common symptom for all Muslim states. Finally, by the method of comparative analysis, constitutions of Arabic countries are researched on the question of status of sharia.