African Constitutionalism and the Role of Islam (Pennsylvania Studies in Human Rights)

by Abdullahi Ahmed An-Na'im

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Constitutionalism is steadily becoming the prevalent form of governance in Africa. But how does constitutionalism deal with the lingering effects of colonialism? And how does constitutional law deal with Islamic principles in the region? African Constitutionalism and the Role of Islam seeks to answer these questions. Constitutional governance has not been, nor will be, easily achieved, Abdullahi Ahmed An-Na'im argues. But setbacks and difficulties are to be expected in the process of adaptation and indigenization of an essentially alien concept-that of of nation-state-and its role in large-scale political and social organization.
An-Na'im discusses the problems of implementing constitutionalized forms of government specific to Africa, from definitional to conceptual and practical issues. The role of Islam in these endeavors is open to challenge and reformulation, and should not be taken for granted or assumed to be necessarily negative or positive, An-Na'im asserts, and he emphasizes the role of the agency of Muslims in the process of adapting constitutionalism to the values and practices of their own societies. By examining the incremental successes that some African nations have already achieved and An-Na'im reveals the contingent role that Islam has to play in this process. Ultimately, these issues will determine the long-term sustainability of constitutionalism in Africa.

  • ISBN10 0812201116
  • ISBN13 9780812201116
  • Publish Date 24 November 2010 (first published 12 October 2006)
  • Publish Status Active
  • Publish Country US
  • Imprint University of Pennsylvania Press
  • Format eBook
  • Pages 216
  • Language English