Islamic constitutionalism in the context of globalization: the transformation of legal and political institutions in the context of contemporary constitutional practice

The relevance of the study is determined by the necessity to reflect on the dynamics of Islamic constitutionalism in the context of globalization, which affects both internal legal mechanisms and the politico-legal identity of Islamic states. Globalization shapes new parameters for the interaction of traditional legal systems with universal constitutional paradigms, necessitating a rethinking of the essence and functions of Islamic constitutionalism, especially amid the transformation of constitutionalism in contemporary society. The subject of the research is the process of institutional changes in the system of Islamic constitutionalism under the influence of politico-legal challenges. The transformation of both the normative framework and constitutional governance practices in countries predominantly governed by Islamic law is analyzed. The focus is on identifying internal contradictions and points of adaptation between religio-legal and secular-globalized frameworks. The methodological foundation of the research includes comparative law, institutional, and civilizational approaches, which allow for a comprehensive understanding of the multi-level nature of transformation. The application of the historical-legal method has made it possible to trace the evolution of Islamic constitutionalism in the context of post-colonial modernization and integration into the international legal space. The novelty of the research lies in identifying hybrid forms of interaction between Islamic constitutionalism and globalized institutions, as well as in substantiating the independence of Islamic constitutional discourse as an alternative model of politico-legal organization. The author proposes an interpretation of Islamic constitutionalism not as an archaic system, but as a dynamic structure possessing the potential for legal development under global pressure. It is concluded that the integration of Islamic legal concepts into contemporary constitutional practice is possible, provided that their cultural specificity and institutional autonomy are recognized. It is emphasized that the resilience of Islamic constitutionalism depends not on its isolation but on its ability to engage in dialogue with global legal standards. The work opens up prospects for further research in the field of comparative analysis of transformational processes in non-classical legal systems.

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Publication Details

Journal
Политика и Общество
Published
2025-03-01
DOI
https://doi.org/10.7256/2454-0684.2025.3.74063
Primary Topic
Legal Studies and Policies
Type
article
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article

Islamic constitutionalism in the context of globalization: the transformation of legal and political institutions in the context of contemporary constitutional practice

Sergei Yur'evich Poyarkov
Политика и Общество
Legal Studies and Policies
article

Islamic constitutionalism in the context of globalization: the transformation of legal and political institutions in the context of contemporary constitutional practice

Sergei Yur'evich Poyarkov
article en

Abstract

The relevance of the study is determined by the necessity to reflect on the dynamics of Islamic constitutionalism in the context of globalization, which affects both internal legal mechanisms and the politico-legal identity of Islamic states. Globalization shapes new parameters for the interaction of traditional legal systems with universal constitutional paradigms, necessitating a rethinking of the essence and functions of Islamic constitutionalism, especially amid the transformation of constitutionalism in contemporary society. The subject of the research is the process of institutional changes in the system of Islamic constitutionalism under the influence of politico-legal challenges. The transformation of both the normative framework and constitutional governance practices in countries predominantly governed by Islamic law is analyzed. The focus is on identifying internal contradictions and points of adaptation between religio-legal and secular-globalized frameworks. The methodological foundation of the research includes comparative law, institutional, and civilizational approaches, which allow for a comprehensive understanding of the multi-level nature of transformation. The application of the historical-legal method has made it possible to trace the evolution of Islamic constitutionalism in the context of post-colonial modernization and integration into the international legal space. The novelty of the research lies in identifying hybrid forms of interaction between Islamic constitutionalism and globalized institutions, as well as in substantiating the independence of Islamic constitutional discourse as an alternative model of politico-legal organization. The author proposes an interpretation of Islamic constitutionalism not as an archaic system, but as a dynamic structure possessing the potential for legal development under global pressure. It is concluded that the integration of Islamic legal concepts into contemporary constitutional practice is possible, provided that their cultural specificity and institutional autonomy are recognized. It is emphasized that the resilience of Islamic constitutionalism depends not on its isolation but on its ability to engage in dialogue with global legal standards. The work opens up prospects for further research in the field of comparative analysis of transformational processes in non-classical legal systems.

Политика и Общество(3)
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Legal Studies and Policies
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