‘Plural Sharīʿah’. A Liberal Interpretation of the Sharīʿah Constitutional Clause of the 2014 Egyptian Constitution

Abstract

This article addresses the Egyptian Constitution issued in 2014 (dustūr ǧumhūriyyah miṣr al-ʿarabiyyah). Article 2 declares that Islam is the religion of the State and that the Sharīʿah is the main source of legislation. The aim of the author is to interpret this provision considering the role that the Islamic religion plays in the cultural and legal framework of Arab countries, notably in Egypt. Furthermore, this article tries to develop a pluralistic interpretation of the norm, taking into account some foundational aspects of the Egyptian legal system including the Civil Code of 1948, the particular tradition of Arab Constitutionalism, and the former jurisprudence of the Supreme Constitutional Court.