Commentary :: Did Republican Turkey Really Abolish the Ottoman Caliphate? The Curious Case of Law No. 431

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 in that it stated that the Caliphate was abolished because that institution was inherent to the State and the Republic, thus almost justifying its abolishment … 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 focus on citations of “positive” models, that is, models to which the jurisdiction citing them aspires.[1] Professor Scheppele pluralizes the universe of citations by adding … 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 its Ottoman predecessor, also adopted the Swiss Code of Obligations laying out the law of contracts.[2] Both of these legal transplants were part of a … 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” was inserted into the text of the Constitution. While this legal move was backed up by full parliamentary support in the form of a constitutional … 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 University of Detroit-Mercy School of Law (The Mcelroy Lecture), Noah Feldman engages the idea of separation of powers in Islamic law and its contemporaneous manifestations. … 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 (2005)] Summary: In this article, Feldman engages with the notion of separation of powers in Islam. Feldman argues that, while not a religious necessity as … 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 what has prompted him to write the article in the first place: a symposium, in which he participated, entitled “Islamic Law and Constitutional Liberty.” Closely … 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 no direct involvement in the writing of the Iraqi constitutional draft, but was an adviser in the Transitional Administrative Law (TAL) process, see p. 858] … 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 in Iran but spent most of his life in neighboring Iraq, became a central figure after the overthrow of Saddam Hussein. This was, in part, … 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 ninth century, juxtaposing its use of language to that of Ibn Qutayba’s Ta’wÄ«l. Lowry, in refuting Calder’s claim, shows how the two texts have much … Continue reading Scholarship in “Plain English”: Joseph Lowry on the Legal Hermeneutics of al-Shāfi‘ī and Ibn Qutayba