Shari’a and the new Egyptian constitution

One of Egypt’s most prominent ultraconservative Muslim clerics had high praise for the country’s draft constitution. Speaking to fellow clerics, he said this was the charter they had long wanted, ensuring that laws and rights would be strictly subordinated to Islamic law. …

The draft constitution that is now at the center of worsening political turmoil would empower Islamists to carry out the most widespread and strictest implementation of Islamic law that modern Egypt has seen. That authority rests on the three articles that explicitly mention Shariah, as well as obscure legal language buried in a number of other articles that few noticed during the charter’s drafting but that Islamists insisted on including.

According to both supporters and opponents of the draft, the charter not only makes Muslim clerics the arbiters for many civil rights, it also could give a constitutional basis for citizens to set up Saudi-style “religious police” to monitor morals and enforce segregation of the sexes, imposition of Islamic dress codes and even harsh punishments for adultery and theft — regardless of what laws on the books say.