- Middle East/North Africa
Prominent Salafi leader and preacher Yasser Borhamy has said that the Muslim Brotherhood has agreed with the Salafi vision to have a constitution that cites Sharia as the main source for the legislation, rather than the principles of Sharia.
Article II of 1971 Constitution, which is copied into the current Constitutional Declaration, reads "Islam is the religion of the state. Arabic is its official language, and principles of Islamic jurisprudence (Sharia) are the main source of legislation." A 1979 amendment had replaced "a main source" with "the main source."
According to legal experts, deleting the word "principles“ means that Sharia will play a bigger role in drafting legislation.
In an interview with Al-Shorouk newspaper on Saturday, Borhamy said, “we insist that the article states that 'Islamic Sharia law is the main source of legislation,’ not ‘the principles of Sharia.'
We will not give up on this matter. The Muslim Brotherhood assured us that they agree with us on the formula of Islamic Sharia law without [mentioning] ‘principles.'”
The Salafi preacher said, “What is disturbing in the Islamic Sharia law, is Sharia bothering anyone? We do not say ‘our views on Sharia,’ but we say that we want the Sharia law revealed by God. Would anyone be afraid of the Sharia that establishes justice, [public] interest and wisdom? This is very strange. How is it said that people are afraid of Sharia?”
Borhamy stressed that the Supreme Constitutional Court’s interpretation of the word "principles" means what is "extremely certain and constant," which empties the article of its real practical content, because every verse and word bears interpretative variation, on the level of linguistics or jurisprudence.”
According to Borhamy, “this word, 'principles,' was for the purpose of repealing the article all together. Someone said one day that it's a dictatorial article. It was so in the former regime, something that we do not accept and that we consider a betrayal of Sharia and the will of the nation. What brought the Brotherhood and the Nour Party to the majority in the parliamentary and the presidential [elections] is that they seek the application of Sharia.”