Published from to
Publication Types
Categories
Kristen Stilt, Contextualizing Constitutional Islam: The Malaysian Experience, 13 Int'l J. Const. L. 407 (2015).
Categories:
Constitutional Law
,
Disciplinary Perspectives & Law
,
International, Foreign & Comparative Law
Sub-Categories:
Constitutional History
,
Religion
,
Islamic Law
,
Foreign Law
Type: Article
Abstract
The incorporation of references to Islam and Islamic law (such as the establishment of Islam as the state religion, or the “establishment clause”) in modern constitutions is now a recognized phenomenon. The scholarship on these clauses has been focused on an examination of their judicial interpretations, with some attention to the historical contexts of their adoptions. A deeper contextual inquiry into the adoption, or rejection, of these clauses promises a more meaningful understanding of the phenomenon of constitutional Islam—in historical and contemporary settings—than has yet been achieved. This article proposes a contextual approach to constitutional Islam and uses it to examine the making of the Federation of Malaya independence Constitution of 1957. In examining both the dynamics within the country and the international context in which the constitutional drafting process took place, this article shows that the establishment clause was attached to debates about many other constitutional issues and that its adoption was ultimately an attempt to provide another avenue of constitutional advantage for ethnic Malays.
Kristen Stilt, Constitutions in Authoritarian Regimes: The Egyptian Constitution of 1971, in Constitutions in Authoritarian Regimes 111 (Tom Ginsburg & Alberto Simpser eds., Cambridge Univ. Press 2014).
Categories:
Constitutional Law
,
International, Foreign & Comparative Law
Sub-Categories:
Constitutional History
,
Foreign Law
Type: Book
Abstract
"This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government. Comparative constitutional law is an intellectually vibrant field that encompasses an increasingly broad array of approaches and methodologies. This series collects analytically innovative and empirically grounded work from scholars of comparative constitutionalism across academic disciplines. Books in the series include theoretically informed studies of single constitutional jurisdictions, comparative studies of constitutional law and institutions, and edited collections of original essays that respond to challenging theoretical and empirical questions in the field"
Kristen Stilt, Islamic Law in Action: Authority, Discretion, and Everyday Experiences in Mamluk Egypt (Oxford Univ. Press 2011).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Islamic Law
Type: Book
Abstract
A dynamic account of the practice of Islamic law, this book focuses on the actions of a particular legal official, the muhtasib, whose vast jurisdiction included all public behavior. In the cities of Cairo and neighboring Fustat during the Mamluk period (1250-1517), the muhtasib is best described as a regulator of markets and public spaces. They traversed the city carrying out their duties to forbid wrongful acts and require mandatory ones, and were as much a part of the legal landscape as the better-known figures of judge and mufti. Taking direction from the rulers, the sultan foremost among them, they were also guided by legal doctrine as formulated by the jurists, combining these two sources of law in one face of authority. The daily workings of law are illuminated by the reports of the muhtasib in the rich chronicles of the Mamluk period, which also record the responses of the individuals who encountered him. The book is organized around actions taken by the muhtasib in the areas of Muslim devotional and pious practice; crimes and offenses; the management of Christians and Jews; market regulation and consumer protection; the essential bread markets; currency and taxes; and public order. These records show that legal doctrine was clearly relevant to the muhtasib's actions, but the policy demands of the sultan were also very important, and rules from both sources of authority intersected with social, political, economic, and even personal motivating factors and produce the fullest possible picture of the practice of Islamic law.
Kristen A. Stilt & Jessica Eisen, Protection and Status of Animals, in Max Planck Encyclopedia of Comparative Constitutional Law (Oxford Univ. Press, 2017).
Categories:
Environmental Law
,
International, Foreign & Comparative Law
Sub-Categories:
Animal Law
,
Comparative Law
,
International Law
Type: Book
Kristen A. Stilt, Animals, in The Oxford Handbook of Islamic Law (Anver Emon & Rumee Ahmed eds., Oxford Univ. Press, forthcoming 2017).
Categories:
Disciplinary Perspectives & Law
,
Environmental Law
Sub-Categories:
Islamic Law
,
Animal Law
Type: Book
Kristen Stilt & Salma Waheedi, Islamic Judicial Review, in Comparative Judicial Review (Erin Delaney & Rosalind Dixon eds., forthcoming 2017).
Categories:
Disciplinary Perspectives & Law
,
International, Foreign & Comparative Law
Sub-Categories:
Islamic Law
,
Comparative Law
Type: Book
Kristen Stilt, Constitutional Innovation and Animal Protection in Egypt, Law & Soc. Inquiry (forthcoming 2017).
Categories:
Environmental Law
,
International, Foreign & Comparative Law
Sub-Categories:
Animal Law
,
Foreign Law
Type: Article
Kristen A. Stilt, Law, in Critical Terms for Animal Studies (Lori Gruen ed., Univ. Chi. Press, forthcoming 2017).
Categories:
Environmental Law
Sub-Categories:
Animal Law
Type: Book
Kristen Stilt, Salma Waheedi & Swathi Ghandhavadi Griffin, The Ambitions of Muslim Family Law Reform, Harv. J.L. & Gender (forthcoming 2017).
Categories:
Family Law
,
Disciplinary Perspectives & Law
Sub-Categories:
Islamic Law
Type: Article
Kristen Stilt & Swathi Gandhavadi, The Strategies of Muslim Family Law Reform (Nw. Faculty Working Papers No. 11, 2011).
Categories:
Family Law
,
International, Foreign & Comparative Law
,
Disciplinary Perspectives & Law
Sub-Categories:
Islamic Law
,
Domestic Relations
,
Foreign Law
Type: Article
Abstract
Family law in Muslim-majority countries has undergone tremendous change over the past century, and this process continues today with intensity and controversy. In general, this change has been considered one of “reform,” defined loosely as the adoption of national laws to modify the rules of Islamic law (fiqh) that had been applicable and predominant in the particular country in an effort to improve the rights of women and children. In most Muslim-majority contexts, however, the rules of fiqh remain particularly (and in some jurisdictions uniquely) relevant in the area of family law, and the reform process is usually presented as taking place internally to Islamic law rather than something external to it. In early reform efforts, three main strategies were used to achieve substantive results (namely the strategies of exercising preference, patching, and jurisdiction stripping). To the extent that the scholarly literature on Muslim family law deals with types of internal strategies (rather than the actual substantive changes), these three strategies are typically the main or only ones discussed. Family law reform has been very active in recent years, however, and some advocates have developed creative and innovative ways to continue to push legal change that is presented as coming from within the Islamic legal tradition. This article, drawing mainly on examples from Egypt and Morocco, seeks to identify and examine the breadth of strategies in Sunni Islam that have been used beyond these well-known three. By naming and defining them, we hope to facilitate discussions and research in this area, among academics and those engaged in reform projects alike. Specifically we aim to encourage empirical studies of the practical impact of reforms; draw attention to the potential unintended consequences produced by each type of strategy; and contribute to a larger conversation about the benefits and disadvantages of internal approaches, on a case by case basis and as a whole, in comparison with other ways that might be used to achieve legal improvements for women and children.
Kristen A. Stilt, 'Islam is the Solution': Constitutional Visions of the Egyptian Muslim Brotherhood, 46 Tex. J. Int'l. L. 73 (2010).
Categories:
Constitutional Law
,
International, Foreign & Comparative Law
,
Disciplinary Perspectives & Law
Sub-Categories:
Islamic Law
,
Foreign Law
Type: Article
Abstract
This Article uses documents issued by the Muslim Brotherhood, in particular the lengthy 2007 “Political Party” Platform, and personal interviews with Brotherhood leadership to examine the group’s specific goals and beliefs for the place of religion within the structure of the Egyptian legal system. While many important angles need to be explored, I focus on one topic that has drawn the most attention to the Brotherhood, the place of religion in the state, or religion defined and enforced by state institutions. I show that the Brotherhood carefully acknowledges the existing constitutional structure and jurisprudence on the position of Islam in the state, it also significantly expresses a desire to expand the place of Islam, constructed around and built upon the existing system. In order to examine these areas, the Article first provides essential background on the Muslim Brotherhood and then briefly explains Egypt’s existing constitutional structure with regard to Islam. The main part of the Article discusses in detail the Brotherhood’s agenda and its significance. In conclusion, the Article returns to the larger topic of Islamist political parties participating in national legislatures and will identify general challenges that any such party will face in explaining its agenda and, in particular, how it will combine religious sources along with a commitment to public welfare.
Kristen A. Stilt, The End of 'One Hand': The Egyptian Constitutional Declaration and the Rift Between the 'People' and the Supreme Council of the Armed Forces, 16 Y.B. Islamic & M.E. L. 43 (2010).
Categories:
Constitutional Law
,
International, Foreign & Comparative Law
Sub-Categories:
Constitutional History
,
Foreign Law
Type: Article
Abstract
By some point in the fall of 2011, Egyptians in large numbers no longer viewed the Supreme Council of the Armed Forces (SCAF) as the guardian of the revolution and even considered it the revolution’s antagonist. “The army and the people are one” was a common slogan in the early days following Mubarak’s ouster on February 11, 2011, but the situation had changed dramatically by the landmark date of October 9, when the military used violence against its own citizens, killing approximately twenty-five Christians at a protest outside Maspero, the headquarters of the Egyptian state television. Violence against protestors continued to escalate, leading to the attack by military police on female protesters in Tahrir Square in mid-December and the now-famous video of officers ripping off the garments of a young woman on the ground and then proceeding to beat her. SCAF’s assertions of political power angered Egyptians in November when it issued “supra-constitutional principles” that were intended to control the drafting of a new constitution, a task clearly in the jurisdiction of the new parliament according to the March 30 constitutional declaration, a document discussed below. These proposed principles included the provision that only SCAF would have access to the details of the military’s budget and that all legislation concerning the military would have to be approved by SCAF; the parliament would only control the total sum allocated to the military. The principles also gave SCAF the power to veto any provision of the new constitution that “contradicts the basic tenets of Egyptian state and society and the general rights and freedoms confirmed in successive Egyptian constitutions.” This document of supra-constitutional principles, along with a series of subsequent statements by SCAF, also indicated SCAF’s attempt to control the selection of the constitution’s drafters, in contradiction to the constitutional declaration. While these events marked key moments in SCAF’s attempts to control the political process, SCAF had laid the groundwork for such efforts much earlier in the post-revolutionary period. The crucial turning point that showed that SCAF was a self-interested participant, willing to ignore the democratic choices of the Egyptian people if necessary to advance its own interests, came in the form of the constitutional declaration issued by SCAF on March 30, following the constitutional referendum of March 19. At that time, SCAF’s actions drew little attention by foreign observers and even slight response within Egypt, in part due to the fact that it required a careful reading of the lengthy constitutional declaration in order to see exactly what SCAF had accomplished. While at that time SCAF surely had not formulated a full plan for the subsequent transitional period, it was clearly already anticipating that it would want to exercise far more control, and for a far greater time, than it had envisioned prior to the constitutional referendum. This essay examines the constitutional referendum and then the constitutional declaration with the goal of answering several questions. First, what was the constitutional referendum and what were SCAF’s goals in drafting it and submitting it to the public for a vote? Second, why did SCAF subsequently determine that the referendum was not adequate and how did it seek to modify and supplement the referendum to produce the declaration? Third, how did SCAF embed in the declaration the basis for its own later assertion of greater power over the political and constitutional process? While the declaration was praised for replacing the 1971 constitution, a goal of the referendum’s opponents, and for providing more clarity about the transitional process, the declaration was also the first clear expression by SCAF of its long-term ambitions, even as it was not until later in 2011 that the significance of that expression became vividly clear.
Kristen A. Stilt, Price Setting and Hoarding in Mamluk Egypt, in The Law Applied: Contextualizing the Islamic Shari'a (Peri Bearman, Wolfhart Heinrichs & Bernard Weiss eds., I.B. Tauris 2008).
Categories:
Disciplinary Perspectives & Law
,
International, Foreign & Comparative Law
Sub-Categories:
Islamic Law
,
Foreign Law
Type: Book
Abstract
This Article studies the legal position of the muhtasib in medieval Cairo, using the biographical information available about the individuals who held the position to understand the actions they took in office. The muhtasib, who was an inspector of public places and markets in particular, was a key legal actor in terms of applying law immediately to a situation he encountered; he was a common face of the law in society. This Article, influenced in method by legal realism, shows that in addition to the law that a particular muhtasib intended to apply to a particular case, biographical information is crucial in explaining how and why each muhtasib responded to particular events.
Kristen A. Stilt, Constitutional Authority and Subversion: Egypt's New Presidential Election System, 16 Ind. Int'l. & Comp. L. Rev. 335 (2006).
Categories:
Government & Politics
,
Constitutional Law
,
International, Foreign & Comparative Law
Sub-Categories:
Elections & Voting
,
Executive Office
,
Foreign Law
Type: Article
Abstract
This article examines the 2005 amendments to the Egyptian constitution that were intended to change the presidential selection system from a single-nominee referendum to a multi-candidate election. Through a careful study of the amendments and the related laws, it shows that while on the surface this amendment looks as though it opens the presidential elections to multiple candidates, its actual goal is to perpetuate the rule of President Mubarak and his National Democratic Party. Further, by entrenching the new election system through a detailed constitutional amendment, the Egyptian regime has subverted the powers of the Supreme Constitutional Court (SCC) to score a significant victory for the executive and legislative branches in their ongoing cold war with the SCC.
Kristen A. Stilt, Recognizing the Individual: The Muhtasibs of Early Mamluk Cairo and Fustat, 7 Harv. M.E. & Islamic Rev. 63 (2006).
Categories:
International, Foreign & Comparative Law
,
Disciplinary Perspectives & Law
Sub-Categories:
Islamic Law
,
Foreign Law
Type: Article
Abstract
This Article studies the biographies of several key muhtasibs in Mamluk Cairo and Fustat to understand the types of individuals who held the position and how the individual background, education, status among the populace, relationship to the ruling elite, and the means of obtaining the position of each contributed to how the particular muhtasib functioned in office.
Kristen A. Stilt, Islamic Law and the Making and Remaking of the Iraqi Legal System, 36 Geo. Wash. Int'l L. Rev. 695 (2004).
Categories:
International, Foreign & Comparative Law
,
Disciplinary Perspectives & Law
Sub-Categories:
Islamic Law
,
Foreign Law
Type: Article
Kristen Stilt & Roy Mottahedeh, Public and Private as Viewed Through the Work of the Muhtasib, 70 Soc. Res. 735 (2003).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
Foreign Law
Type: Article
Abstract
This article examines the distinctions between public and private space in classical Islamic law through the work of the muhtasib, a legal official charged with the inspection of public places and behavior in towns of the premodern Middle East and North Africa (and in some Muslim communities outside of these areas).