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3 - Islam in the Constitution

Published online by Cambridge University Press:  05 July 2014

Jocelyne Cesari
Affiliation:
Centre National de la Recherche Scientifique (CNRS), Paris; Harvard University, Massachusetts
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Summary

The phrasings that define Islam at the constitutional level can differ slightly from one country to another: “Islam is the religion of the state” or “Islam is the religion of the country.” They all lead, however, to the same outcome: the creation of Islam as a foundational element of the modern nation. As already mentioned, this is also the case for a country like Turkey that does not mention Islam in the constitution but has nevertheless included Islam in the homogenization process of nation building.

“ISLAM IS THE RELIGION OF THE STATE”

References to Islam in a state’s constitution often reinforce the negation or minimization of religious and/or ethnic diversity, as has occurred in modern Egypt. After the Free Officers’ coup turned into a revolution in 1952, the monarchy and the 1923 constitution were abolished under the new president, Gamal Abdel Nasser. Despite the secular Arab nationalist orientation of the new regime, Article 3 of the 1956 constitution declared that “Islam is the religion of the State, and the Arabic language is its official language.” In the 1971 constitution introduced by Anwar al-Sadat (1970–81), Article 2 reiterated that Islam was the religion of the state and added, “The principles of Islamic Shariʿa are a main source of legislation.” This article was amended on May 22, 1980, to state: “The principles of Islamic Shariʿa are the main source of legislation.” As a result, sources outside of Shariʿa supposedly no longer influenced legislation.

Type
Chapter
Information
The Awakening of Muslim Democracy
Religion, Modernity, and the State
, pp. 31 - 48
Publisher: Cambridge University Press
Print publication year: 2014

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References

Skovgaard-Petersen, Jakob, Defining Islam for the State (Leiden: Brill, 1997), 218
Seymour, Richard, “New Constitution Threatens Iraq’s Ethnic Groups,” The Middle East 364 (2006): 60–1Google Scholar
Jongerden, Joost, “Violation of Human Rights and the Alevis in Turkey,” in Paul J. White and Joost Jongerden (eds.), Turkey’s Alevi Enigma: A Comprehensive Overview (Leiden: Koninklijke Brill NV, 2003), 80

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