
Contents
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I. The Setting: Three Arcs of Crisis I. The Setting: Three Arcs of Crisis
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II. International Perspectives II. International Perspectives
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1. The Personal Logic of Islamic/Middle Eastern Law 1. The Personal Logic of Islamic/Middle Eastern Law
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2. ‘The Shi‘i International’ 2. ‘The Shi‘i International’
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3. Sunni Internationalism 3. Sunni Internationalism
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III. Domestic Perspectives III. Domestic Perspectives
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1. Constitution and Symbols 1. Constitution and Symbols
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2. Islam in Constitutional Courts 2. Islam in Constitutional Courts
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3. The Personal Logic of Middle Eastern Law, Again 3. The Personal Logic of Middle Eastern Law, Again
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IV. Epilogue: Emerging Hopes IV. Epilogue: Emerging Hopes
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Bibliography Bibliography
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62 Islam and the Constitutional Order
Get accessChibli Mallat is an international lawyer based in Beirut; until 2017, he was EU Jean Monnet Professor of Law at St Joseph’s University in Lebanon, and Presidential Professor of Law at the University of Utah
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Published:21 November 2012
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Extract
The Setting: Three Arcs of Crisis
With nominal Muslims second in the world in number to nominal Christians,1 Islam matters as a constant mirroring image of the West in recorded history, originally across the Mediterranean, and now increasingly worldwide.
In the words of French historian Lucien Febvre, Islam ‘created’ Europe by splitting what was until then a united Mediterranean world. Building on a remark by his colleague Marc Bloch about ‘the birth of Europe when the Roman Empire died’, Febvre showed how the rise of Europe could not be understood without the irremediable ‘loss’ of half of the Mediterranean to the Muslim conquests starting in the seventh century CE.2 The success of Arab-Muslim conquests in the eighth century established a southern European frontier that did not previously exist, with lasting inroads in Spain, Sicily, and the Balkans and counter-offensives illustrated in the ebb and flow of crusades over the following centuries.3 From this perspective, the crime against humanity committed in September 2001 in New York, similar massacres in London and Madrid,4 and the subsequent Western wars in Iraq and Afghanistan, are the latest epiphenomena of a ‘longue durée’ perspective in a millennium-long antagonism in which ‘Islam and Europe’, then ‘Islam and the West’, have been the two main poles.5
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