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

Date of Award

6-1-2013

Online Submission Date

February 2013

First Advisor

Shalakany, Amr

Committee Member 1

Badawy, Nesrine

Document Type

Thesis

Extent

39 p.

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.

IRB

Not necessary for this item

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