Sharīʿa in the Constitution and the Constitution of Sharīʿa

In this chapter, I analyze a second constitutional model, characterized by a hybrid nature, in which sharı̄ʿa coexists with the idea of Western constitutionalism. The supreme ideal of Islamic normativity comes to be part of the constitutional system through a dedicated clause, defining it as “a” or “the” “main source of legislation”, or comparable phraseologies. Taking Egypt as an example, I examine the philosophical and juridical implications of such a clause, discussing issues such as internal tensions and incongruences, as well as the question of direct applicability of sharı̄ʿa in specific cases.