Public Law Studies Quarterly

The Place of Islam in Egypt’s Legislative Process in the Aftermath of the 2011 Revolution

Document Type : Article

Authors

Davod Mohebbi 1
Mahdi Zare 2
Ahmad Goodarzi 3

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

https://doi.org/10.22059/jplsq.2019.278591.1959
Abstract
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.

Keywords

Constitution of Egypt
Islam
Al-Azhar
legislative process
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  2. Egypt's constitution issued in 2012
  3. Egypt's constitution issued in 2014

 

  1. D) court vote
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Public Law Studies Quarterly
Volume 52, Issue 1
Spring 2022
Spring 2022
Pages 553-573

  • Receive Date 31 March 2019
  • Revise Date 18 July 2019
  • Accept Date 20 October 2019

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