Abstract
Theoretically, Sharīʿa is meant to be an applicable methodology of jurisprudence that governs the state legal system. Applying Sharīʿa, or calling for its application, is, further, a must for those who believe in its divinity. In the process of democratic transition in Egypt, Islamists proposed applying Sharīʿa, claiming that its mere application provides accurate solutions for the chronic problems Egypt has long been suffering from. However, the obligatory nature of applying Sharīʿa and its positive impact on the community’s total welfare are not absolute paradigms. The conditions of the society in which applying Sharīʿa is proposed should be thoroughly recognized. As with any legal system, attaining the positive outcomes of applying Sharīʿa depends on the extension to which law is dominant in society. And since “law” does not “rule” in Egypt, at least in the formal liberal sense of the term, then neither applying Sharīʿa nor any other methodology would diffuse its underlying ideology. Therefore, this thesis examines the promises and limitations of applying Sharīʿa in post-revolutionary Egypt, on both the theoretical and practical levels, and highlights the major factors that neutralized the rule of law in Egypt so far thereby undermining the claims of applying Sharīʿa today.
Department
Law Department
Degree Name
LLM in International and Comparative Law
Graduation Date
6-1-2013
Submission Date
February 2013
First Advisor
Shalakany, Amr
Committee Member 1
Badawy, Nesrine
Extent
39 p.
Document Type
Master's Thesis
Library of Congress Subject Heading 1
Islamic law -- Interpretation and construction -- Egypt.
Library of Congress Subject Heading 2
Law -- Egypt -- Codification.
Rights
The author retains all rights with regard to copyright. The author certifies that written permission from the owner(s) of third-party copyrighted matter included in the thesis, dissertation, paper, or record of study has been obtained. The author further certifies that IRB approval has been obtained for this thesis, or that IRB approval is not necessary for this thesis. Insofar as this thesis, dissertation, paper, or record of study is an educational record as defined in the Family Educational Rights and Privacy Act (FERPA) (20 USC 1232g), the author has granted consent to disclosure of it to anyone who requests a copy.
Institutional Review Board (IRB) Approval
Not necessary for this item
Recommended Citation
APA Citation
Mostafa, M.
(2013).Applying Sharīʿa in post-revolutionary Egypt: theory and practice revisited [Master's Thesis, the American University in Cairo]. AUC Knowledge Fountain.
https://fount.aucegypt.edu/etds/866
MLA Citation
Mostafa, Mohammed Sameh Mohammed. Applying Sharīʿa in post-revolutionary Egypt: theory and practice revisited. 2013. American University in Cairo, Master's Thesis. AUC Knowledge Fountain.
https://fount.aucegypt.edu/etds/866