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Islam et Droit constitutionnel en Egypte, en Syrie et au Maroc : étude comparée

Abstract : To understand the logics of the constitutionalization of the Islam in the Arab world, this study suggests, at first, highlighting the continuity of the constitutional influence of the Islam. Indeed, all the constitutions of Arab states, with the exception of that of the Lebanon, refer to the Islam. The important constitutional role of that religion actually affects the structure and organization of the state, but also the determination of the protection of fundamental liberties of man, especially that relating to freedom of religion. Secondly, it is advisable to highlight the ways which allow Arab States to overtake the theological vision of the constitutional law. The accent is put on two trends: the progressive secularization of the political power through the marginalization of the religious referent and the consecration of the state power on one hand, and the constitutional rationalization through the strengthening of the role of the constitutional justice and the awakening of the civil society on the other hand. After all, these developments put the keys of understanding of the legal and political current events. At the time of the "Arab Spring", these two referents, Islam and Constitutional law, are linked to form the political and legal life of the Arabic peoples. Their dialogue seems necessary or obvious especially as the Revolutions did not end in the consecration of a laic model and the place of the Islam is maintained, even strengthened.
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Submitted on : Friday, March 30, 2018 - 9:50:36 AM
Last modification on : Monday, March 2, 2020 - 9:53:52 AM

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  • HAL Id : tel-01754476, version 1


Ali Issa. Islam et Droit constitutionnel en Egypte, en Syrie et au Maroc : étude comparée. Droit. Université de Lorraine, 2015. Français. ⟨NNT : 2015LORR0153⟩. ⟨tel-01754476⟩



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