Islamic Constitutionalism and the Negotiation of Modern Political Legitimacy in the Global South

Abstract

This research discusses draft Islamic Constitutionalism and how countries in the Global South negotiate it legitimacy modern politics through Islamic values. Focus main this research is understood How text constitution, speech politics and discourse law form relation between religion and the postcolonial state. With use approach qualitative through Critical Discourse Analysis Norman Fairclough (1995), this study analyzes three dimensions main: text, practice discourse and practice social. Data obtained from document constitution several Muslim countries (Pakistan, Tunisia, Egypt, and Indonesia), speech statehood, as well as literature academic from figures such as Noah Feldman, Wael Hallaq, and Abdullahi An-Na'im. The results of the research show that Islamic Constitutionalism is a negotiation arena between Islamic values and principles modern democracy. In the context of the Global South, the constitution functioning as room dialectical in which symbols Islam used to obtain moral and political legitimacy, while structure law still oriented towards modernity. Through lens postcolonial, visible that Muslim countries still make an effort define return identity political they are below influence Western hegemony, whereas theory legitimacy Weber explains emergence form hybrid authority combining​ authority traditional, charismatic, and rational -legal. This research confirms that Islamic constitutionalism is not just integration sharia into state law, but a political and moral strategy to strengthen Islam in the order modern statehood.