During the campaign for the country’s elections last July, party leaders—even those from moderate parties, such as Mahmoud Jibril, leader of the National Forces Alliance—acknowledged that sharia would significantly influence any Constitution. New laws should have a “reference to sharia,” Jibril told The Daily Beast, arguing, “Sharia law, when it was understood in the proper way, managed to create one of the great civilizations in human history. The problem is not with sharia or Islam; the problem is with the interpretation of sharia.”
Even among women agitating for a greater role in public and political life here, there’s agreement that sharia law should be at the heart of the country’s new Constitution. The only disputes are about the drafting process; whether the members of a 60-strong drafting panel should be elected or appointed by the country’s new Parliament, the General National Congress; and whether sharia should be the “only source of law” or a “principal source of law,” with the latter allowing greater possibility of adopting laws used in non-Muslim countries.
“Libyans wouldn’t accept a Constitution that isn’t informed by Sharia,” says 20-year-old Issraa Murabit, a second-year medical student from the town of Zawiyah and vice president of The Voice of Libyan Women, an NGO campaigning for greater women’s rights…
Like other political leaders—including luminaries in the Muslim Brotherhood—Saadi argues there are many interpretations of Islamic law. He says in the case of Libya, the Sharia provisions most likely to be enshrined in a Constitution would only be those that deal with behavior deemed haraam, or expressly forbidden. That would include usury, he acknowledges. “But some in the West may think in the aftermath of the financial crisis, banning usury may be useful,” he muses.