By Cem Tecimer
Citation: Noah Feldman, Imposed Constitutions and Established Religion 4(3) The Rev. Faith & Int’l Aff. 3-12 (2006) [Abridged version of Imposed Constitutionalism 37 Conn. L. Rev. 857-889 (2005)]
In this article, Feldman engages with the notion of separation of powers in Islam. Feldman argues that, while not a religious necessity as evidenced by the Prophet who combined legislative, executive and adjudicative-like functions under his rule, the notion of separation of powers is nevertheless entrenched in Islamic history. The Islamic jurists, that is, community of scholars who would authoritatively comment on the legality of government action, were separate from executives throughout history. Feldman then argues that with the introduction of modern constitutionalist systems to Muslim-majority countries, the jurists have been sidelined, tipping the balance in favor of stronger executives.