Modernity, Rationality and Constitutional Law in Muslim-Majority Countries

Are Islamic law, human rights and constitutionalism compatible? In answering this question, this paper first discusses the concept of modernity (understood in terms of rationality and standardization), analysing its abrupt implementation in the MENA countries and the role that the first modern constitutions played in institutionalising a new sort of dominion in the newly established states.

Against this background, the paper discusses the relationship between constitutionalism and Shari’a law, presenting this as a clash between two competing normative visions that are conceptually difficult to reconcile and which each claim exclusivity and hierarchical superiority.

The paper advocates for a deconstruction of the ideas of human rights and constitutionalism in order to allow for the incorporation of elements of Muslim traditions, thus challenging the understanding of human rights and constitutionalism as a cultural imposition, and as a new form of colonization.

About the author

Antoni Abat i Ninet is professor of comparative constitutional law at University of Copenhagen. Professor Abat graduated in Law from the University of Girona in 2001 and was awarded a PhD by the University of Barcelona in 2007. He was granted the Juan de la Cierva competitive research scholarship by Spain's Ministry for Science and Innovation. He has taught Comparative Constitutional Law and Ancient Constitutionalism at the State University of New York, the Lincoln Law School of San José, ESADE Barcelona and CTLS Georgetown (London) and was Visiting Scholar at Stanford University Law School. Professor Abat's research interests include the theoretical foundations of constitutionalism; the relationship between constitution, constitutionalism, human rights, sovereignty and democracy; comparative constitutional law and legal and political philosophy.