Justice after Democracy in the Arab World: Islamic Law Perspectives on Accountability

Eleni Polymenopoulou, Javaid Rehman

Research output: Contribution to journalArticlepeer-review

Abstract

The present paper examines the issue of accountability for Muslim Heads of State in the context of the Arab Spring. It reviews the efforts that have already been undertaken to hold leaders responsible and suggests that the Arab Spring has represented a unique opportunity to establish democracy and end the culture of impunity. Despite the vast debate on democracy, there has been little interest in bringing the Muslim States’ leaders to justice. Consequently, the Arab world’s transitions, to a varying extent in each State involved, have only been partially successful. The paper highlights an additional missing element in the debate on accountability and responsibility of Heads of State. Muslim rulers have frequently ruled their people in disregard of the fundamental principles of the Sharia. This paper highlights those aspects of the Sharia which place particular emphasis upon a consultative process of governance and demands accountability from the rulers. Contrary to many current practices prevalent in the Arab States, the Sharia does not sanction dynastic succession or dictatorial or arbitrary rule. Nor is the Sharia antithetical to the promotion of democratic institutions based upon transparency and rule of law. The neglect of Islamic perspectives has led to a lack of consolidated, rational international legal discourse on accountability, democratic governance and the right to resist oppression. The authors argue that a pattern of democratic transition based solely on international law and on western, or secular, models of democracy excludes a realistic perspective of understanding the core values of the Sharia. In the context of Muslim societies, such pattern is likely to prove unworkable, and substantially risks a further Islamisation of politics in the region. The new political forces emerging in the aftermath of the Arab Spring would do well to revert to some of the fundamental constitutional principles enshrined within the Sharia.
Original languageEnglish
JournalGerman Yearbook of International Law
Publication statusPublished - 2012
Externally publishedYes

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