The Constitutionalization of Shari’a in Muslim Societies: Comparing Indonesia, Tunisia and Egypt

Abstract

This chapter addresses the way in which Shari’a was introduced into the constitutions of three contemporary Muslim countries: Indonesia, Tunisia and Egypt. It explains efforts by Islamic political parties in these countries to have Shari’a constitutionally acknowledged or to give it more powerful constitutional status. Constitutional revision in Indonesia was completed in 2002. The same process took place in Egypt 10 years later, in 2012, and in Tunisia the revision process was expected to end in late 2013. This chapter, in addition to offering historical and political perspectives, employs legal pluralism as an analytical tool in examining the extent to which including Shari’a in the constitution allows legal pluralism within each of these three Muslim societies.

[T]he job of writing a constitution and governing requires cooperation across society. No one person, no one party, has all the answers. Every country is stronger by listening with respect to those with whom we differ. So to write a constitution, the governing party now and then will have to work with other parties, including secular parties, and persuade voters across the political spectrum to respect fundamental principles.

Hillary R. Clinton addressing the Tunisian Youth at Palais du Baron d’Erlanger Tunis 25 February 2012

This chapter was finalized before the Egyptian army removed President Morsi from power in July 2013 and suspended the newly passed constitution, which is being discussed here.