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.