Much of the controversy that surrounded the development of a constitution in Afghanistan in 2004, and in Iraq in 2005, was over the place and prominence that Islam should assume in the documents and, by extension, the role of religion in the new politics of the two states. This paper begins by providing a short background on the Islamic perspective on constitutional politics, and then moves on to
... [Show full abstract] consider the case studies of Afghanistan and Iraq through a detailed, comparative approach. It provides a historical context on previous constitutional experiments in the two states and the place of Islam in earlier constitutions, and then discusses the specific issues raised by the relationship between Islam and constitutionalism in contemporary Afghanistan and Iraq. In particular, the position and weight given to Islam and Islamic law in the two constitutions are considered, along with some of the strengths, weaknesses and controversies that accompanied the constitution drafting and ratification processes. The paper ends with a discussion of some of the challenges facing Iraq and Afghanistan and their new constitutions, given the dynamics and controversies outlined.
