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Islam-based legal language and state governance: democracy, strength of the judiciary and human rights

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States embracing Islam-based laws are frequently seen as struggling with establishing democratic institutions, jeopardizing human rights and encouraging executive encroachment on the judiciary. This paper explores whether the presence of… Click to show full abstract

States embracing Islam-based laws are frequently seen as struggling with establishing democratic institutions, jeopardizing human rights and encouraging executive encroachment on the judiciary. This paper explores whether the presence of Islam-based legal language in a domestic legal system is associated with lower levels of electoral democracy, fewer protections for private liberties, women’s rights, and a weak judiciary. Relying on original data covering laws in 29 Islamic law states (2001–2012), we focus on Islam-based legal language in these states’ constitutional and subconstitutional domestic legal systems. By itself, Islam-based legal language is not associated with a weak judiciary or the absence of political liberties. However, subconstitutional—particularly legislative—commitments to Islam-based legal language are frequently associated with lower levels of democracy and fewer protections for private liberties and women’s rights.

Keywords: legal language; based legal; democracy; islam based

Journal Title: Constitutional Political Economy
Year Published: 2020

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