Egypt and Sharia: According to the Constitutions

By Hassan Kamal on April 13, 2015 • ( 1 )

Members of Egypt’s constitution committee meet at the Shura Council for the final vote on a draft new Egyptian constitution in Cairo

By: Hassan Kamal

After the removal of the Muslim Brotherhood from power in July 3, 2013, there has been a lot of discussion about the role of Sharia Law in the new constitution and how can be interpreted it again within the legal system in Egypt, in particular after the fall of the former president Mohamed Morsi who represents the Muslim Brotherhood (one of the most influential Islamic fundamentalist organizations on the globe). Many people argue that the role of Sharia was reduced in the new constitution that was adopted in January 18, 2014 because of cancellation the article 219 of the Egyptian constitution, which had been approved by national referendum in December 2012, by an assembly dominated by fundamentalist figures (during the Muslim brotherhood period), and was subject to frequent criticism by political parties and human right activists for its stance on religious freedoms and on the role of sharia law. I completely disagree with this idea and in this essay I will support my opinion with giving my reasons, through analyzing the role of Sharia through the constitutions after the Egyptian revolution in January 25, 2011.

At the beginning, before the fall of autocrat Hosni Mubarak’s regime there had had the old constitution was adopted in 1971 and modified later in 1980. In the 1971 constitution, the former president of Egypt Anwar El-Sadat added the article two that considered the principles of Islamic Sharia are the main source for legislation. However, the 1971 constitution didn’t mention how the Islamic Sharia can be interpreted. As a result, the Supreme Constitutional Court could explained the principles of the Islamic Sharia within its verdicts since 1980 (the 1971 constitution was modified by El-Sadat) until now.

Following the downfall of Hosni Mubarak’s rule, Egypt witnessed the rise of the Muslim brotherhood and Salafists because all the political parties are too weak and don’t have a clear ideology to defeat the MB’s ideology that is the Islamic fundamentalism. Consequently, the-50-Member Committee that was dominated by the fundamentalists in 2012 could easily inserted the article 219 within the 2012 constitution that extended the principles of Islamic Sharia to include general evidence, foundational rules, rules of jurisprudence, and credible sources accepted in Sunni doctrines and by the larger community. So, it is the first time that the constitution mentioned explanation of the Islamic Sharia through the constitution. In addition to that, the 2012 constitution recognized Al-Azhar institution (the greatest and the most influential in the Sunni Islamic world) as the senior scholars are to be consulted in matters pertaining to Islamic law. Therefore, Al-Azhar institution replaced the Supreme Constitutional Court in the 2012 constitution pertain to interpret the principles of Islamic Sharia.

Finally, after the ouster of the Muslim Brotherhood’s Morsi from the presidency in June 3, 2013, the 2012 constitution was amended again by the new 50-Member Committee that was appointed in September by interim President of Egypt Adly Mansour. In the new constitution that was adopted in January 18, 2014, article 219 and article 4, which were pushed by Salafists, were removed. Nevertheless, the 2014 constitution defined clearly the Article 2 (the principles of Islamic Sharia are the main source for legislation) within its preamble, it is the same. And in this preamble of the 2014 constitution, reaffirmed the principles of Islamic Sharia as acknowledged by the Supreme Constitutional Court’s verdicts. Surprisingly, there is no a big difference between the Article 219 form the 2012 constitution and the Supreme Constitutional Court’s verdicts pertain to explain the principles of Islamic Sharia.

In conclusion, from a philosophical standpoint, the role of Islamic Sharia throughout the Egyptian constitutions from 1971 so far hasn’t been changed, and the Islamic Sharia is the main ideology for the Muslim Brotherhood that mean God’s laws should govern people. Personally, I believe that Islamic Sharia that dependence on the God conflicts with the concept of constitution because the constitutions as a social contract between people themselves not between the God and the people.