This article addresses the Egyptian Constitution issued in 2014 (dust�r �umh�riyyah mi�r al-�arabiyyah). Article 2 declares that Islam is the religion of the State and that the Shar��ah 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
`Plural Shar��ah�. A Liberal Interpretation of the Shar��ah Constitutional Clause of the 2014 Egyptian Constitution / Anello, Giancarlo. - In: ARAB LAW QUARTERLY. - ISSN 0268-0556. - 31:1(2017), pp. 74-88. [10.1163/15730255-12341332]
`Plural Shar��ah�. A Liberal Interpretation of the Shar��ah Constitutional Clause of the 2014 Egyptian Constitution
ANELLO, Giancarlo
2017-01-01
Abstract
This article addresses the Egyptian Constitution issued in 2014 (dust�r �umh�riyyah mi�r al-�arabiyyah). Article 2 declares that Islam is the religion of the State and that the Shar��ah 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 CourtI documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.