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作 者:Mohamed A bdelhamied 'Arafa
出 处:《US-China Law Review》2012年第6期528-546,共19页美中法律评论(英文版)
摘 要:Egypt's post-revolutionary atmosphere--and principally its constitutional process--has touched off arguments and debates within the country and misunderstanding outside of it concerning the role of the Islamic Sharie 'a in the developing and emerging legal and political order. Thousands of Egyptians (ultraconservative Muslims) performed various demonstrations and gathered in Cairo's Tahrir (Liberation) Square, demanding that Egypt's new constitution be based on Sharie 'a law and jurisprudence, even without a better understanding of what the Sharie 'a law is? The protest reflects the debate over the fundamental role of lslam and Islamic law in the nation's future. Protesters recited, "Sharie 'a is our constitution" and "The people demand the application of God's law. " Many marchers collected signatures for a petition, in which they ask for the Sharie'a to become "the basis of all laws", meaning that Egypt's laws and legal system would be subject to religious interpretation and authorization. The drafting of Egypt's new constitution has been apprehensive with controversy since the exiled President Mohammad Hosni Mubarak was ousted and replaced by President Mohammad Mursi. Conservative Islamists are stepping up pressure on the ruling Muslim Brotherhood Freedom and Justice (hezb al-horea wa al'adelah) Party to dominate liberal and secular oppositions to Islamic law applicability. The party has repeatedly been accused of not promoting powerfully enough for Islamic rule. It should bear in mind that a 1971 Abrogated Constitution which replaced by the Constitutional Temporal Declaration of 2011 issued by the Supreme Counsel of the Armed Forces (SCAF), revoked after Mubarak's ouster
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