Lessons from a secular state: extracting the essence of the constitution and its implication on judicial interpretation of human rights provisions in Turkey and Malaysia
Malaysia and Turkey, in a different degree and areas, continue to construct Islamic identity. However, a clear divergent of position regarding religion could be seen in the respective constitutions with regard to the position of Islam and secularism. It is interesting to investigate the constitution...
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| Format: | Article |
| Language: | English English |
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IIUM Press, International Islamic University Malaysia
2019
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| Online Access: | http://irep.iium.edu.my/70956/ http://irep.iium.edu.my/70956/1/EssenceOfConstitutionMalaysiaTurkey_AlShajarah_AfterCommentFromReviewer_28_12_2018.pdf http://irep.iium.edu.my/70956/2/Letter_AcceptanceAsShajarah_SearchingTheEssence_Jan2019.pdf |
| _version_ | 1848787375601221632 |
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| author | Shuaib, Farid Sufian Tumay, Murat |
| author_facet | Shuaib, Farid Sufian Tumay, Murat |
| author_sort | Shuaib, Farid Sufian |
| building | IIUM Repository |
| collection | Online Access |
| description | Malaysia and Turkey, in a different degree and areas, continue to construct Islamic identity. However, a clear divergent of position regarding religion could be seen in the respective constitutions with regard to the position of Islam and secularism. It is interesting to investigate the constitutional position of religion and the consequence of such divergent in the construction of the constitution and legislation. The paper looks at the text of the constitutions and approaches taken by the apex court in the two countries. The paper also looks at the jurisprudence of the European Court of Human Rights since Turkey is a signatory of the Convention for the Protection of Human Rights and Fundamental Freedoms. The opposing positions taken by the two constitutions with regard to the influence of religion in public affairs surprisingly offers a coherent approach in constitutional construction. |
| first_indexed | 2025-11-14T17:23:56Z |
| format | Article |
| id | iium-70956 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English English |
| last_indexed | 2025-11-14T17:23:56Z |
| publishDate | 2019 |
| publisher | IIUM Press, International Islamic University Malaysia |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-709562019-03-03T08:33:27Z http://irep.iium.edu.my/70956/ Lessons from a secular state: extracting the essence of the constitution and its implication on judicial interpretation of human rights provisions in Turkey and Malaysia Shuaib, Farid Sufian Tumay, Murat JQ Political institutions Asia K Law (General) Malaysia and Turkey, in a different degree and areas, continue to construct Islamic identity. However, a clear divergent of position regarding religion could be seen in the respective constitutions with regard to the position of Islam and secularism. It is interesting to investigate the constitutional position of religion and the consequence of such divergent in the construction of the constitution and legislation. The paper looks at the text of the constitutions and approaches taken by the apex court in the two countries. The paper also looks at the jurisprudence of the European Court of Human Rights since Turkey is a signatory of the Convention for the Protection of Human Rights and Fundamental Freedoms. The opposing positions taken by the two constitutions with regard to the influence of religion in public affairs surprisingly offers a coherent approach in constitutional construction. IIUM Press, International Islamic University Malaysia 2019 Article NonPeerReviewed application/pdf en http://irep.iium.edu.my/70956/1/EssenceOfConstitutionMalaysiaTurkey_AlShajarah_AfterCommentFromReviewer_28_12_2018.pdf application/pdf en http://irep.iium.edu.my/70956/2/Letter_AcceptanceAsShajarah_SearchingTheEssence_Jan2019.pdf Shuaib, Farid Sufian and Tumay, Murat (2019) Lessons from a secular state: extracting the essence of the constitution and its implication on judicial interpretation of human rights provisions in Turkey and Malaysia. Al-Shajarah, xx (xx). pp. 1-19. ISSN 1394-6870 (In Press) http://journals.iium.edu.my/shajarah/index.php/shaj |
| spellingShingle | JQ Political institutions Asia K Law (General) Shuaib, Farid Sufian Tumay, Murat Lessons from a secular state: extracting the essence of the constitution and its implication on judicial interpretation of human rights provisions in Turkey and Malaysia |
| title | Lessons from a secular state: extracting the essence of the constitution and its implication on judicial interpretation of human rights provisions in Turkey and Malaysia |
| title_full | Lessons from a secular state: extracting the essence of the constitution and its implication on judicial interpretation of human rights provisions in Turkey and Malaysia |
| title_fullStr | Lessons from a secular state: extracting the essence of the constitution and its implication on judicial interpretation of human rights provisions in Turkey and Malaysia |
| title_full_unstemmed | Lessons from a secular state: extracting the essence of the constitution and its implication on judicial interpretation of human rights provisions in Turkey and Malaysia |
| title_short | Lessons from a secular state: extracting the essence of the constitution and its implication on judicial interpretation of human rights provisions in Turkey and Malaysia |
| title_sort | lessons from a secular state: extracting the essence of the constitution and its implication on judicial interpretation of human rights provisions in turkey and malaysia |
| topic | JQ Political institutions Asia K Law (General) |
| url | http://irep.iium.edu.my/70956/ http://irep.iium.edu.my/70956/ http://irep.iium.edu.my/70956/1/EssenceOfConstitutionMalaysiaTurkey_AlShajarah_AfterCommentFromReviewer_28_12_2018.pdf http://irep.iium.edu.my/70956/2/Letter_AcceptanceAsShajarah_SearchingTheEssence_Jan2019.pdf |