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Challenging the Secular StateThe Islamization of Law in Modern Indonesia$
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Arskal Salim

Print publication date: 2008

Print ISBN-13: 9780824832377

Published to Hawaii Scholarship Online: November 2016

DOI: 10.21313/hawaii/9780824832377.001.0001

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Constitutional Dissonance

Constitutional Dissonance

(p.79) 9 Constitutional Dissonance
Challenging the Secular State

Arskal Salim

University of Hawai'i Press

This chapter explores what Islamic constitutionalism means and its implications for Muslim countries. It looks at the variety of Islamic constitutionalism available in the Muslim world and demonstrates a basic dissonance in Islamic constitutionalism across the globe. There are at least four types of Muslim countries with regard to the constitutional recognition of state religion. The first is states that proclaim themselves as “Islamic states”; such as Afghanistan, Bahrain, Brunei, Iran, Maldives, Mauritania, Oman, Pakistan, Saudi Arabia, and Yemen. The second is those states that have declared Islam to be the “state religion,” like Bangladesh, Egypt, and Malaysia. The third is states that have no constitutional declaration about the state religion—Indonesia, Syria, and Uzbekistan, among others. And the fourth is states that acknowledge themselves to be secular states. Examples of this kind of state are Azerbaijan, Senegal, and Turkey.

Keywords:   constitutional dissonance, Islamic constitutionalism, state religions, Muslim countries, Islamic states, secular states, dissonance, constitutional recognition

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