Evolving Jurisprudence of Supreme Constitutional Court of Egypt on Religious Institutions

Mohamed R. Abdelsalam

 

Abstract: The Egyptian constitution stipulates that the Supreme Constitutional Court (SCC) is the ultimate authority on interpreting constitutional principles. Historically, the SCC's precedents have established that the opinion of Islamic scholars hold no legal weight in the court's decisions. However, recent case law has introduced a shift, incorporating the perspectives of religious institutions into the Court’s reasoning. This raises an important question: who holds the authority to interpret Islamic Shar??ah under the constitution? Is this power solely vested in the SCC, or do religious institutions also have a role? This note explores the constitutional framework that governs the relationship between the SCC and Islamic Shar??ah, with a particular focus on a 2016 case,1 which marked a significant development in the Court’s jurisprudence.