사우디아라비아 통치기본법의 이슬람적 언표(言表)
Islam in the Kingdom of Saudi Arabia's Basic Law of Government
0
조회
0
다운로드
9
인용
0
참고문헌
키워드
초록
The Basic Law of Government of the Kingdom of Saudi Arabia was promulgated in 1992 by the late King Fahd. Composed of 83 articles, it stipulates the nature and various functions of the Kingdom as most constitutions do, but it is never called a constitution, since the Quran and Sunnah are the constitution of the Kingdom. Indeed, the Kingdom of Saudi Arabia is the Islamic state with the Quran and Sunnah as the fundamental law of the state. The Basic Law emphasizes the Islamic nature of the state,employing various Islamic religious expressions and espousing the Islamic rhetoric for justifying its monarchy. The purpose of this paper is to analyze the provenance of such religious terms in the Basic Law and discuss the role Islam plays in the raison d'être and functioning of the Kingdom. In so doing, it attempts to show the Basic Law may not be able to meet the changing needs of the society, for it does not adequately deal with modern salient issues like democracy and human rights.
Abstract
The Basic Law of Government of the Kingdom of Saudi Arabia was promulgated in 1992 by the late King Fahd. Composed of 83 articles, it stipulates the nature and various functions of the Kingdom as most constitutions do, but it is never called a constitution, since the Quran and Sunnah are the constitution of the Kingdom. Indeed, the Kingdom of Saudi Arabia is the Islamic state with the Quran and Sunnah as the fundamental law of the state. The Basic Law emphasizes the Islamic nature of the state,employing various Islamic religious expressions and espousing the Islamic rhetoric for justifying its monarchy. The purpose of this paper is to analyze the provenance of such religious terms in the Basic Law and discuss the role Islam plays in the raison d'être and functioning of the Kingdom. In so doing, it attempts to show the Basic Law may not be able to meet the changing needs of the society, for it does not adequately deal with modern salient issues like democracy and human rights.
참고문헌 (18)
- "한글번역본"[URL]
- "النظام الأساسي للحكم"[URL]
- A. Micahel Tarazi, "Saudi Arabia's New Basic Laws: the Struggle for Participatory Islamic Government", Harvard International Law Journal, 34, pp.258~275 (1993)
- Ashk P. Dahlén, "Law, Epistemology and Modernity" (2003), Routledge
- Azzam Tamimi, "Islam and Secularism in the Middle East" (2000), Hurst & Company
- Bassam Tibi, "Islamic Law", Shari'a, Human Rights, Universal Morality and International Relations, 1994, pp.16(2), 277~299
- Chibli Mallat, "Islam and Public Law: Classical and Contemporary Studies" (1993), Graham and Trottman
- Chibli Mallat, "Constitutional Law in the Middle East: the Emergence of Judicial Power", Yearbook of Islamic and Middle Eastern Law, 34, pp.85~108 (1994)
- EI2, "The Encyclopaedia of Islam, Volumes I-XII, CD-Rom Edition" (2004), Brill Academy Publications
- Hanna E. Kassis, "A Concordance of the Qur'an, Berkeley" (1983), University of California Press
- "International Commission of Jurists, “ICJ Submission to the Universal Periodic Review of Saudi Arabia (September),” at the United Nations Human Rights Council 4th Session of the Working Group on the Universal Periodic Review" (2009)[URL]
- Mohammad Hashim Kamali, "Shari'ah Law: An Introduction" (2008), Oneworld
- Nathan J. Brown, "Shariʿa and State in the Modern Middle East", International Journal of Middle East Studies, 29(3), pp.359~376 (1997)
- Nathan J. Brown, "Inscribing the Islamic Shariʿa in Arab Constitutional Law, In Islamic Law and the Challenges of Modernity", pp.55~80 (2004), Altamira Press
- Ruud Peters, "Islamic Law and Human Rights: A Contribution to an Ongoing Debate", Islam and Christian-Muslim Relations, 10(1), pp.5~14 (1999)
- Sebastian Maisel, "Kingdom of Saudi Arabia, In The Goverment and Politics of the Middle East and North Africa, 5th Edition", pp.83~113 (2007), Westview Press
- Wael B. Hallaq, "An Introduction to islamic Law" (2009), Cambridge University Press
- Wael B. Hallaq, "Can the Shariʿa Be Restored?, In Islamic Law and the Challenges of Modernity", pp.21~53 (2004), Altamira Press