The Shari'a in the Constitutions of Afghanistan, Iran and Egypt - Implications for Private Law

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Many Islamic countries have incorporated the Shari'a into their constitutions as one of the main sources or even the primary sourc...

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Many Islamic countries have incorporated the Shari'a into their constitutions as one of the main sources or even the primary source of law. The implications of such a choice are manifold. So far, no general model has emerged as to how this constitutional postulate is to be translated into legal reality. In January 2004, Afghanistan enacted a constitution in which similar principles were incorporated. While looking at the situation in Iran and Egypt, this book analyses the possible implications for the Afghan legal system in general and its private law in particular. To further the ongoing discussions within the legal community in Afghanistan, all contributions and legal texts are published in English and Dari.