The Challenges and Opportunities of Islamic Review: Lessons for Afghanistan from other Muslim Countries (Draft)

This paper, written for the United States Institute for Peace 2011 conference in Kabul, considers the implications of Islamic review clauses, which instruct judges to identify Islamic principles that the state must respect and to void any state laws that are inconsistent with these principles. Drawing on examples from Egypt and Pakistan, the paper suggests how Afghan courts might use the Islamic review clause in that country's constitution.