SHARI'A IN THE CONSTITUTIONS OF INDONESIA, TUNISIA AND EGYPT: A COMPARATIVE ANALYSIS

This item is published by Universitas Islam Negeri Sunan Ampel Surabaya

Salim, Arskal (2012) SHARI'A IN THE CONSTITUTIONS OF INDONESIA, TUNISIA AND EGYPT: A COMPARATIVE ANALYSIS. In: Conference Proceedings: Annual International Conference on Islamic Studies (AICIS) XII, 5 – 8 November 2012, Surabaya – Indonesia.

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Abstract

The constitutional revision processes in the aftermath of the collapse of the authoritarian regimes is very important to ensure the successful scenario of the shiftfrom the authoritarian regime to the democratic system. It is surely true that havingtoppled down a despotic ruler; a democratic state will not automatically be its outcome.If a clear demarcation between authoritarian regime and democratic rule is going to be made, a successfully constitutional reform is necessary.In many non-Muslim states, constitutional reform focuses on two basic tructuralissues: (1) the limitation of the state in the form of a set of rights and freedoms of thecitizens, and (2) the separation of powers within the state. By contrast, in most Muslimcountries, two quite different issues largely attract political attention throughout debates on constitutional reform: (1) the religious rights of Muslim citizens to freelyapply shari`a, and (2) the obligation of the government to arrange properly for theimplementation of shari`a rules in the country.This paper addresses the constitutional position of shari`a in three Muslim countries: Indonesia, Tunisia and Egypt. It compares efforts of Islamic political parties in those countries to have shari`a constitutionally acknowledged or to give it more powerful support from some segments of Muslim population in those countries, there always have been stiff resistance from other groups and individuals with secular-liberal backgrounds.