"We the Jurists": Islamic Constitutionalism in Iraq
"WE THEJURISTS": ISLAMIC CONSTITUTIONALISM IN IRAQ IntisarA. Rabb* INTRODUCTION The Iraqi Constitution's designation of Islamic law as "a source of law" placed the issue of Islamic-law's role in new democracies at the forefront of the debates on "Islamic constitutionalism."' Although the meaning of this latter phrase is itself open to debate, at a mini- Intisar A. Rabb received a J.D. from Yale Law School, an M.A. in Near Eastern Studies from Princeton University, and a B.S. in Arabic and Government from Georgetown Uni- versity. She is a 2007-2008 Prize Fellow at Princeton University's Center for Human Val- ues and a doctoral candidate in the University's Department of Near Eastern Studies, where she is completing a dissertation on legal interpretation in American and Islamic law. All translations from Arabic, Persian, and French are her own, unless otherwise noted. Sincere thanks are due to James Q. Whitman, as well as Anthony T. Kronman, Chibli Mallat, Daniel K. Markovits, Kim Lane Scheppele, Rashid Alvi, Nusrat Choudhury, Monica Eppinger, and Adnan Zulfiqar for their generous feedback on this Article. I am also grateful to the participants of the Comparative Constitutionalism Session at the Law and Society Association's 2006 Annual Meeting, of a Session sponsored by the Princeton University's Law and Public Affairs Program, and of the Religion and Public Life Seminar at Princeton's Center for the Study of Religion, where versions of this paper were pre- sented. The constitutions of twenty-five member countries of the Organization of the Islamic Conference (OIC) incorporate some form of Islamic law: Afghanistan, Algeria, Bahrain, Bangladesh, Brunei, the Comoros Islands, Egypt, Iran, Jordan, Kuwait, Libya, Malaysia, the Maldives, Morocco, Oman, Pakistan, Palestine (transitional law), Qatar, Somalia, the Sudan, Syria, Tunisia, the United Arab Emirates, Yemen, and formerly, Iraq.
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