Document Type : Article


1 Assistant Prof, Department of Public Law, Faculty of Law and Political Science, University of Qom, Qom, Iran

2 Ph.D. Student in Public Law, Department of Public Law, Faculty of Law and Political Science, , University of Tehran, Qom, Iran

3 Ph.D. Public Law Department of Public Law, Faculty of Law and Political Science, University of Tehran, Qom, Iran


One of the main challenges the current Egyptian regime is facing in the aftermath of the 2011 Revolution is the place of Islam in the structure of its constitutional law. Article 2 of the latest Egyptian Constitution (approved in 2014) establishes the scope of Islam's role in the domain of governance. This principle, which is based on previous constitutions, provides a minimalist position for observance of Islamic rules and, based on the obstruction of Ijtihad, only recognizes definitive Islamic rules valid as regards conforming of legislation with them. The parliament and the judiciary have no obligation to observe “famous jurisprudents” opinions and are not obliged to follow a particular reading of Islamic law. There is no institution to protect Islamic law and the Council of Elders of Al-Azhar has been removed as the position of al-Azhar has been reduced to a mere academic institution. Due to low voter participation in the constitutional referendum, it can be concluded that contrary to the opinion of the majority of the Egyptian people, the Egyptian Constitution has tended towards secularism.


  1. A) Books
  2. Abu Samahdana, Abdul Nasser, Khalil, Hassan Ibrahim (2011), Encyclopedia of Suspension on the Announcement of the Sadr Order from the Supreme Assembly, Cairo: Publication of the National Center for Legal Publications (In Arabic).
  3. Ajrloo, Ismail (2016), Constitutional Law of Islamic Countries, Tehran: Guardian Council Research Institute Publications (In Persian).
  4. Barbie, Morris (2005), Religion and Politics in Modern Thought, translated by Amir Rezaei, Tehran: Ode (In Persian).
  5. Browers, Michaelle (2009), Political Ideology in the Arab World, Cambridge University Press.
  6. Camp, Jeffrey and Harkawy, Robert (2014), Strategic Geography of the Middle East, translated by Seyed Mehdi Hosseini Matin, Tehran: Research Institute for Strategic Studies (In Persian).
  7. Fallahzadeh, Mohammad Hadi (2007), Arab Republic of Egypt, Tehran: Abrar Institute for Contemporary International Studies and Research (In Persian).
  8. Ghavam, Seyed Abdul Ali (2011), Political Science, Tehran: Samt Publications (In Persian).
  9. Ismaili, Mohsen (2012), Religion and Law: A Collection of Articles on the Function and Role of Religion in the Field of Law and Legislation, Tehran: Imam Sadegh (AS) University (In Persian).
  10. Lee, Robert D (2010), Religion and Politics in the Middles East, Westriew press.
  11. Movaseghi, Seyed Ahmad (2010), Contemporary Islamic Movements, Tehran: Samt Publications (In Persian).
  12. Soltanifard, Mohammad Hossein (2007), The Roots and History of Fundamentalism in Egypt, Tehran: Office of Political and International Studies, Ministry of Foreign Affairs (In Persian).
  13. Vardani, Saleh (2003), Shiites in Egypt from Imam Ali (PBUH) to Imam Khomeini (Rahmatullah), translated by Abdul Hussein Binesh, Tehran: Encyclopedia of Islamic Jurisprudence (In Persian).



  1. B) Articles
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  6. Bayat, Asef )2011(,”The Post-Islamist Revolutions”, Foreign affairs:
  7. Besada, Hany, (2007), “Egypts Constitutional Test: Averting the March toward lslamic Fundamentalism”, New York Law School Research Paper Series, working paper no.8, august.
  8. Ghasemi, Razieh (2013), "The view of Islamic movements in Egypt in the last decade on Islam and modernity", Journal of Research Culture, No. 16, p145-170 (In Persian).
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  10. Khosropanah, Abdolhossein (2002), "Approaches to the scope of Sharia", Ravagh Andisheh Magazine, No. 8, p 23-36 (In Persian).
  11. Kristen Stilt (2010), “lslam is the Solution: Constitutonal Visions of the Egyptian Muslims Brotherhood”, Texas lnternational Law Journal, vol 46.
  12. Lombardi, Clark & Brown Nathan J. (2012), “Islam in Egypt's New Constitution”, Foreign Policy journal, University of Washington School of Law Research Paper No. 2013-2019.
  13. Lombardi, Clark (2002), "Islam and Fundamental Rights in Egypt", translated by Hassan Rezaei, No. 24, p271-304 (In Persian).
  14. Mir Ali, Mohammad Ali (2012), "Theory of obedience to the current ruler in Sunni political jurisprudence", Quarterly Journal of Islamic Government, Vol. 65, p125-150 (In Persian).
  15. Mirlohi, Mohammad Ali (2015), "The reform program of the seminary of Qom and Al-Azhar and their effectiveness in the political developments in Iran and Egypt", Journal of Transcendental Politics, No. 10, p 95-120 (In Persian).
  16. Niakui, Amir, Sabouri, Zia-ud-Din (2011), "Different political parties and cultures in Egypt (with emphasis on Islamist currents)", Quarterly Journal of International Relations Research, Vol. 1, No. 1, p 207,235.
  17. Nouri, Massoud (1397), "The future of political Islam in Egypt with emphasis on Islam-oriented currents", Journal of Parliament and Strategy, twenty-fifth year, number ninety-three, p 99-120 (In Persian).
  18. Poor Saeed, Farzad (2013), "Egypt; "Changing the Constitution, Continuing a Bipolar Society," National Security Watch Magazine, No. 22, p47-52 (In Persian).
  19. Raviran, Hussein (2014), "The new constitution of Egypt, a reward for the coup plotters and their supporters", Journal of Islamic Culture, No. 11, p 221-234 (In Persian).
  20. Taskhiri, Mohammad Ali (2013), "A brief look at the weaknesses and strengths of the new Egyptian constitution", Journal of Islamic Culture, No. 2, p78-85 (In Persian).
  21. Trope, Michel (2004), "The logic of justifying the protection of the Constitution", translated by Abbas Kadkhodai and Mohammad Reza Vijeh, Journal of the Faculty of Law and Political Science, University of Tehran, No. 66, 261-291 (In Persian).
  22. Wickham, Carrie Rosefsky (2011), “The Muslim Brother hood After Mubarak”, foreignaffair, mubarak.
  23. Zagal, Malika (2002), :Translated by Abbas Kazemi Najafabadi, Religion and Politics in Egypt: Al-Azhar Scholars”, Extreme Islam and the State, Andisheh Sadegh, 2nd year, p.113-130 (In Persian).


  1. C) Document
  2. Egypt's constitution issued in 2012
  3. Egypt's constitution issued in 2014


  1. D) court vote
  2. Judgments of the Supreme Constitutional Court in the Arab Republic of Egypt: on the website: