By Cem Tecimer Summary and context: In 1924, Turkey abolished the Ottoman Caliphate through a statute numbered 431, or Law No. 431. The construction of the statute was somewhat ambiguous … Continue reading Commentary :: Did Republican Turkey Really Abolish the Ottoman Caliphate? The Curious Case of Law No. 431
Commentary :: Kadijustiz in Turkish Constitutional Adjudication: Islamic Law as an Aversive Model?
By Cem Tecimer Professor Kim Lane Scheppele has convincingly drawn attention to the fact that most legal scholarship on citations of foreign law by supreme or constitutional courts tends to … Continue reading Commentary :: Kadijustiz in Turkish Constitutional Adjudication: Islamic Law as an Aversive Model?
Commentary :: Religious Accommodation in an Assertively Secular Legal System: Mahr and the Turkish Case
By Cem Tecimer In 1926, the young Turkish Republic abandoned its codified Islamic personal status law and replaced it with the secular Swiss Civil Code.[1] The new republican government, replacing … Continue reading Commentary :: Religious Accommodation in an Assertively Secular Legal System: Mahr and the Turkish Case
Commentary :: How Was Secularism Added to the Turkish Constitution? The Varying Rationales
By Cem Tecimer While the founding fathers of the Turkish Republic erased reference to Islam in the Constitution in early 1928, it was not until 1937 that the term “secularism” … Continue reading Commentary :: How Was Secularism Added to the Turkish Constitution? The Varying Rationales
Scholarship in “Plain English”: Noah Feldman on Law, Islam, and the Future of the Middle East
By Cem Tecimer Source: Noah Feldman, Law, Islam, and the Future of the Middle East 84 U. Det. Mercy L. Rev. 617-635 (2006-2007) Summary: In his invited lecture at the … Continue reading Scholarship in “Plain English”: Noah Feldman on Law, Islam, and the Future of the Middle East
Scholarship in “Plain English”: Noah Feldman on Imposed Constitutions and Established Religion
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 … Continue reading Scholarship in “Plain English”: Noah Feldman on Imposed Constitutions and Established Religion
Scholarship in “Plain English”: Noah Feldman on Islamic Constitutionalism in Context: A Typology and a Warning
By Cem Tecimer Source: Noah Feldman, Islamic Constitutionalism in Context: A Typology and a Warning 7 U. St. Thomas L. J. 436-451 (2010) Summary: Feldman begins his article by explaining … Continue reading Scholarship in “Plain English”: Noah Feldman on Islamic Constitutionalism in Context: A Typology and a Warning
Scholarship in “Plain English”: Noah Feldman on Imposed Constitutionalism
By Cem Tecimer Citation: Noah Feldman, Imposed Constitutionalism 37 Conn. L. Rev. 857-889 (2005) Summary: Written in response to his involvement in Iraq’s restructuring [though carefully mentioning that he had … Continue reading Scholarship in “Plain English”: Noah Feldman on Imposed Constitutionalism
Scholarship in “Plain English”: Noah Feldman on The Democratic Fatwa
By Cem Tecimer Citation: Noah Feldman, The Democratic Fatwa: Islam and Democracy in the Realm of Constitutional Politics 58(1) Okla. L. Rev. 1-9 (2005) Summary: ‘Ali Sistani, who was born … Continue reading Scholarship in “Plain English”: Noah Feldman on The Democratic Fatwa
Scholarship in “Plain English”: Joseph Lowry on the Legal Hermeneutics of al-Shāfi‘ī and Ibn Qutayba
By Cem Tecimer Abstract: Joseph Lowry on the Legal Hermeneutics of Two Early Islamic Scholars: In this article, Lowry responds to Calder’s assertion that Shāfi‘ī’s Risāla was written around the … Continue reading Scholarship in “Plain English”: Joseph Lowry on the Legal Hermeneutics of al-Shāfi‘ī and Ibn Qutayba