Islam, Constitutional Law and Human Rights: Sexual Minorities And Freethinkers In Egypt And Tunisia

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Tommaso Virgili

Islam, Constitutional Law and Human Rights

Sexual Minorities And Freethinkers In Egypt And Tunisia

Tommaso Virgili

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English

Routledge
31 May 2023

Regional studies; Sociology; Politics & government; International human rights law; Social law

Series: Comparative Constitutionalism in Muslim Majority States

This book focuses on Islamic constitutionalism, and in particular on the relation between religion and the protection of individual liberties potentially clashing with shariᶜa and the Islamic ethos. The analysis goes from general to particular, starting with a theoretical overview on constitutionalism, human rights and Islam, moving to the assessment of the post-Arab Spring Constitutions of Egypt and Tunisia, and concluding with a specific focus on the rights of sexual minorities and freethinkers.

Part I provides a theoretical account of the conception of constitutionalism and human rights in Islam, compared and contrasted with Western constitutionalism. A set of issues where the tension between shariᶜa and human rights is accentuated is analysed against the backdrop of the main Islamic charters of rights. Part II conducts a similar assessment based on the Constitutions of Tunisia and Egypt – the two main epicentres of the Arab Spring. Part III moves to two specific rights in the same countries, from the twofold perspective of the Constitutions and international law: the freedom from interference in one’s intimate life, with particular regard to homosexuality; and the freedom of holding and expressing nonconventional beliefs, deemed unacceptable from the point of view of traditional Islam. These issues have been chosen as representative of the most controversial, still considered taboo in both legal and social terms, hence at the fringes of the debate on individual freedoms. Focusing on two overlooked and underexplored issues, the work thus pushes the boundaries of the human rights discourse in Muslim contexts.

By: Tommaso Virgili
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 340g
ISBN: 9781032051260
ISBN 10: 1032051264
Series: Comparative Constitutionalism in Muslim Majority States
Pages: 194
Publication Date: 31 May 2023
Audience: College/higher education , Primary
Format: Paperback
Publisher's Status: Active

"Foreword, Brian Whitaker Chapter I Constitutionalism And Islam Chapter II The Islamic Conception Of Individual Liberties Chapter III What ""ShariᶜA"" In A Constitution Concretely Means: The Case Of Egypt Chapter IV Islamic Law In Post-Arab Spring Egyptian Constitutions Chapter V Compromises And Ambiguities In The 2014 Tunisian Constitution Chapter VI (Il)Legal Persecution Of Freethinkers Final Reflections On Egyptian And Tunisian Freethinkers: Public Order And Fitna Chapter VII (Il)Legal Persecution Of Sexual Minorities Chapter VIII Constitutional And International Freedoms Conclusions Constitutions And Individual Freedom: The Unbreakable Bond"

Tommaso Virgili is a Postdoctoral Research Fellow at the WZB Berlin Social Science Center, where he works on modernization movements and reform theology within Islam in response to the challenge of fundamentalism, with a focus on Europe and the MENA region. He received his Ph.D. in Comparative Public Law from Sant’Anna School of Advanced Studies in Pisa, Italy. Dr. Virgili is also a Research Associate at the Wilfried Martens Centre for European Studies and a Visiting Fellow at the European Foundation for Democracy in Brussels.