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The position of religion in the Turkish and the Malaysian constitutions

Shuaib, Farid Sufian and Tumay, Murat (2018) The position of religion in the Turkish and the Malaysian constitutions. In: 7th International Conference on Law And Society (ICLAS 7), 11th-13th April 2018, Kota Kinabalu, Sabah. (Unpublished)

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Abstract

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 constitution 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.

Item Type: Conference or Workshop Item (Slide Presentation)
Additional Information: 1854/68027
Uncontrolled Keywords: religion, constitution, Islam, secularism, Turkey, Malaysia
Subjects: J Political Science > J General legislative and executive papers
K Law > K Law (General)
K Law > KBP Islamic Law
Kulliyyahs/Centres/Divisions/Institutes: Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User: Prof. Dr. Farid Sufian Shuaib
Date Deposited: 19 Mar 2019 11:41
Last Modified: 19 Mar 2019 11:41
URI: http://irep.iium.edu.my/id/eprint/68027

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