
Contents
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I. Introduction I. Introduction
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II. Lawyer-Politicians II. Lawyer-Politicians
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III. “There Are No Secularists in Egypt” III. “There Are No Secularists in Egypt”
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IV. But Who Speaks for State Law? IV. But Who Speaks for State Law?
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V. The Textual Basis for the Islamic Reconstructive Project V. The Textual Basis for the Islamic Reconstructive Project
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VI. Rightward Egypt Marches But How Far? VI. Rightward Egypt Marches But How Far?
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VII. The Difference the Islamist Difference Would Make VII. The Difference the Islamist Difference Would Make
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VIII. The Cluster of Substantive Rules VIII. The Cluster of Substantive Rules
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IX. The Cluster of Procedural Rules IX. The Cluster of Procedural Rules
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X. The Cluster of Corporatist Rules X. The Cluster of Corporatist Rules
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XI. Conclusion XI. Conclusion
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9 Egypt’s New Constitution: The Islamist Difference
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Published:January 2014
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Abstract
The chapter lays out the rule structure of the new Egyptian constitution that relates to the project of state based "identity regulation" and which treats the identity "Islamic" as its center. It argues that while Egyptian society has become more and more religious since the mid-seventies, this increase in religiosity has taken place largely outside the domain of state regulation of religious identity. The Islamist take over of the state through democratic elections in the aftermath of the Mubarak regime has allowed for the recruitment of state power to be deployed in the distribution of powers/privileges/and entitlements in social relations that social religiosity implies.In particular, the social relations implicit in the interaction between men and women, Muslims and religious minorities, and believers and non-believers. The chapter discusses the legal instruments that were made available by the new constitution for such state based identity regulation. It argues that the use of such legal instruments depends largely on the unfolding triangular relationship between an Islamist legislature, Al-Azhar and the Supreme Constitutional Court of Egypt.
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