The Influence of Islamic Sharia on Arab Constitutions and Legislation: Comparative Arab Experiences - December 2021

The Influence of Islamic Sharia on Arab Constitutions and Legislation: Comparative Arab Experiences

This research paper is an overview of some of the Islamic Sharia’s influence on Arab constitutions and legislation based on a comparative approach to some Arab constitutional and legal frameworks with diverse backgrounds. The paper focuses on three models. The first model is the Arab Gulf model. The paper reviews and analyzes the extent to which the constitutional and legal frameworks in one of the Gulf states, namely Qatar, are influenced by Islamic Sharia. The second model is the Arab-African model, where the Islamic law’s influence on constitutional and legal frameworks in Egypt is reviewed and analyzed. The third model is the unique Lebanese model, different from all other Arab countries since Lebanon is a country of multiple sects and different cultures. The paper will attempt to shed light on the specificity of the impact of Islamic Sharia on some legal rules in the Lebanese legal system. The paper formulates a set of results and recommendations that shed light on the specificity of Islamic Sharia as a determinant of the state’s legislative path according to the specific legislation philosophy espoused by each of these three states, although they are all “Arab countries.” The paper also highlights the role of Islamic Sharia by focusing on the its influence on Arab constitutions and legislation in the field of civil and commercial transactions and personal status.