SOAS Research Online

Abstract

Taking the discussion in the existing literature on the adoption of shari’a laws in democratising Muslim-majority countries as a starting point, we posit that there are two broad motivations for democratically-elected politicians to adopt shari’a laws and regulations: ideological conviction on the one hand and response to the expressed or perceived preference of constituents on the other hand. The ‘demand side’ can be further divided into the preferences of individual voters, and the interests of groups which act as power brokers, influencing the voting choices of individual citizens. These groups may be economic, religious, or other actors. These motivations are not mutually exclusive; the passage of a given shari’a regulation may fulfil two or all three of them simultaneously. However, we posit that the interaction between the place, timing, and content of shari’a laws passed in a nation as a whole will vary in various predictable ways, according to the dominant motivations. The dominant motivation may also affect the vigour with which the law is implemented.