Egypt, Tunisia and Libya are all in transition, writing new
constitutions. All three countries are coming out of dictatorships that more
often than not oppressed Muslims. These new constitutions will usher in a new
era that will answer many questions about the role Islam will play in the
governance of these countries, and for the region as a whole. Many are watching
with a close eye to how these new governance structures will deal with civil
rights, women’s rights and free speech.
Balancing tradition Muslim values and western culture is not
going to be an easy task in any of these countries. While in Tunisia, western
culture may be more prominent due to their French roots, even those who call
for an absence of Islam in their constitutions shy away from the term secular
as it connotes a godlessness that is not easily embraced anywhere in the
region. Many call for a strict interpretation of sharia and would seek to
impose restrictions on a wide variety of behaviors such as drinking alcohol in
public, outlawing offense to religion and gender segregation. Others call for a
more liberal undertaking. Sharia not only means “Islamic Law” but is also a
guide for personal life and behavior. There are many different interpretations
on what it means and calls for, let alone how it should be incorporated into
law and policy. So when groups say they will use it as a basis for lawmaking,
it is difficult to say exactly what this means.
Tunisia:
The moderate Islamist party that leads the coalition
government has explicitly stated that it will not cite sharia in its new
constitution. This party, called Al Nahda, took 89 of 217 seats in parliament.
The coalition government is power-sharing government, with two other non-Islamist
parties. While Tunisia, in comparison to both Egypt and Libya seems to exhibit
a more mild approach to the incorporation of Sharia into governance, there are
still calls for its influence. For example, Al Nahda proposed a law that would
“criminalize any offense toward core elements of Abrahamic faiths including
God, the prophet Muhammed, and holy books.”
There have been several riots the past few years centered on
art and films that were deemed blasphemous. Free speech is a new commodity in
Tunisia. After five decades of religiously oppressive dictatorship, many are
worried that a religiously driven government will erode this newly enjoyed
enterprise of free speech.
Egypt:
There are two main parties in Egypt, the Muslim
Brotherhood’s Freedom and Justice Party (FJP) and the Nour Party. Nour came in
second in the elections and was formed by the Salafis, the most conservative of
Egypt’s Muslims. They call for similar policies to those of Saudi Arabia, such
as strict gender segregation. The Nour Party has also called for harsh
punishments such as chopping off the hands of thieves, and the banning of
alcohol. However, there have been other, more liberal, proposals such as an
attempt to make it easier for women to divorce. The FJP won nearly half of all
parliament seats and are calling for a slow, gradual increase of the influence
of Islam in society and in governance. FJP member Muhammed Morsi won the
presidency and he has repeatedly stated he will implement sharia. The FJP even
said that women and Christians couldn’t hold the office of president. They have
also called for the creation of a council of clerics that will interpret
whether or not a given law conforms to sharia. But which version of sharia is
the question, and that will remain to be seen. Egypt, however, is the likely
candidate for the nation that will have the most influence of Islam in
government.
Libya:
Following suit with Egypt, Libya has agreed that, “sharia
should be the basis for lawmaking.” However, despite their conservative
leanings, the National Forces Coalition won the majority of votes in July’s
elections. They have rejected both Islamist and secular labels and call for “problem
solving over ideology.” Nonetheless, having Islam inform lawmaking is still
considered natural. Chick and Thorne say, “The question is not whether to apply
Islam in governance, but how.” Those who desire for Islam to be kept out of
politics altogether are certainly the minority.
In all three countries, these new constitutions will open a
dialog that will give the people the ability to experiment and evolve a
governance structure of their own. We will eagerly keep watch and see how this
pans out.
