The constitutionalization of Shari'a in Muslim Societies : comparing Indonesia, Tunisia and Egypt

This chapter addresses the completed, as well as the ongoing, processes of the constitutionalization of Shari’a in three Muslim countries: Indonesia, Tunisia and Egypt. The constitutional revision in Indonesia was completed in 2002. The same process took place in Egypt 10 years later, in 2012, and that in Tunisia was expected to end in late 2013. These three countries are selected because they have undergone constitutional revisions which have received intense international media coverage, especially concerning the constitutional position of Shari’a. The chapter explains efforts by Islamic political parties in those countries to have Shari’a constitutionally acknowledged or to give it a more powerful constitutional status, and argues that failure to enshrine Shari’a in the constitutions of these Muslim countries results not only from unresolved deficiencies within their Islamic parties, but also, to a large extent, from strong resistance from other elements of their societies. The chapter especially looks at the on-going processes of constitutional revision in Tunisia and Egypt. In addition, the concept of ‘legal pluralism’ will be employed as an analytical tool to examine the extent to which the official acknowledgement of Shari’a in their constitutions allows legal pluralism within each of the Muslim societies discussed here. Finally, the chapter will offer some comparative remarks.