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Morsi’s Dilemma: The Shifting Sands Between Shar’iyyah and Shari’a

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Political Islam, Justice and Governance

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Abstract

This chapter examines President Muhammad Morsi’s tenure in Egypt. It argues that his problem was in his failure to reconcile two conceptions of legitimacy. One conception of legitimacy was championed by liberal-democracy-seeking Egyptians, who associated his legitimacy with the allowance of substantive political freedom, and yearned for individual liberties, political pluralism, and the right to recall the government’s political mandate, as allowed in liberal democracies. The other conception of legitimacy lay in Morsi’s literal justice politics, in which his legitimacy was the result of a formal procedure of elections that could only be (legitimately) undone if he broke the religious contract that mandates obedience to his just authority. As such, Morsi publicly garnered the image of a just leader, portraying himself in public as a righteous Muslim, who enforced public morality, and therefore deserved to be judged on those moral grounds. Although not stated, this conception of righteous leadership as the basis for his legitimacy was principally rooted in Islamist political imagination, rather than in the concrete reality of post-revolutionary Egypt.

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Notes

  1. 1.

    For a good account of this viewpoint, read Dalia F. Fahmy and Daanish Faruqi (Eds.), Egypt and the Contradictions of Liberalism: Illiberal Intelligentsia and the Future of Egyptian Democracy (London: Oneworld Publications, 2017).

  2. 2.

    Morsi’s speech at Tahrir Square on June 29, 2012. Accessed on July 13, 2012, at https://youtu.be/yxNgTrWSA4c.

  3. 3.

    See ʻAbd Allah ibn ʻUmar Dumayjii, Al-Imamah al-‘Udhma ‘Inda Ahl al-Sunnah wa al-Jama’a (Riyadh: Dar Tiba, 1987).

  4. 4.

    “Al Rais Morsi Youadhin Lisalat al-’Isha bi-l Iskandariyyah.” Published on January 21, 2013. Accessed on May 21, 2013, at https://youtu.be/BKLfvOihTiI.

  5. 5.

    “Ahad al-Mu’alimin li “Morsi”: Anta Amir al-Muminin.” Published in El-Fagr.Org: Marsh 21, 2013. Accessed on May 20, 2013, at http://www.elfagr.org/306442.

  6. 6.

    “Amir al-Jihad: Morsi Rais Dawlah wa Lays Imam lil-Muslimin.” Published in Al-Bawwabah on April 5, 2013. Accessed on June 31, 2013, at http://www.albawabhnews.com/29604.

  7. 7.

    Speech quoted from “Morsi statements about Gaza” on November 16, 2012. Accessed on July 13, 2014, at https://youtu.be/hhKg0bcde5w.

  8. 8.

    Speech quoted from “Morsi statements about Gaza,” on November 16, 2012. Accessed on July 13, 2014, at https://youtu.be/hhKg0bcde5w.

  9. 9.

    This study was also published on Al-Arabiyyah Studies: April 6, 2013. Accessed the same day at http://www.alarabiya.net/ar/arabic-studies/2013/04/06/%D8%A7%D9%84%D8%AB%D9%88%D8%B1%D8%A7%D8%AA-%D8%A7%D9%84%D8%B9%D8%B1%D8%A8%D9%8A%D8%A9-%D8%A8%D9%8A%D9%86-%D8%AB%D9%88%D8%B1%D8%A7%D8%AA-%D8%A7%D9%84%D9%82%D8%B1%D9%86-%D8%A7%D9%84%D8%B9%D8%B4%D8%B1%D9%8A%D9%86.html.

  10. 10.

    “Khitab al-Shar’iyyah”. Accessed on July 2, 2003, at https://youtu.be/O0Uqap-cX8Y.

  11. 11.

    See, for example, “Al Rais Morsi YarfuD Tanawul Mashrub Shakka anna bihi Khamr Athna a Ziyaratihi Li Brazil.” Published on May 9, 2013, at Nafidhatu Misr. Accessed on May 29, 2013, at http://old.egyptwindow.net/news_Details.aspx?News_ID=28711.

  12. 12.

    The Egyptian daily newspaper Al-Masry Al-Youm covered these issues in the month of April 2013, including April 1, 4, and 23. This last coverage can be accessed at http://www.almasryalyoum.com/news/details/307472.

  13. 13.

    Sheikh al-’Urayfi’s Friday sermon at Friday sermon at Amr Ibn Al ‘As in Cairo was last accessed on June 15, 2013, at https://youtu.be/bM4Ilf-UrIw.

  14. 14.

    See Al-Watan News article, “Ulama Azhariyoun: Wasf “Abdul al-Maqsud,” lil-Mu’araDa bi “Kafara” wa “al-Munafiqin.” La Yamuttu lil-Islam bi Silah.” June 17, 2013. Accessed on June 4, 2013, at http://www.elwatannews.com/news/details/202305.

  15. 15.

    Morsi’s Syrian Speech was published on October 28, 2013. Accessed on November 12, at https://youtu.be/FJSrIYFMFCs.

  16. 16.

    Al-Azhar’s statement was published in Al-Masry Al-Youm newspaper: June 25, 2013. Accessed on June 25, 2013, at http://today.almasryalyoum.com/article2.aspx?ArticleID=387422.

  17. 17.

    July 2, 2013, Morsi’s speech, op. cit.

  18. 18.

    Mbaye Lo “Egypt at the crossroads.” In the Immanent Frame: July 16, 2012. Accessed at Frame. http://blogs.ssrc.org/tif/2012/07/16/egypt-at-the-crossroads/.

  19. 19.

    Morsi’ speech is mostly known as “Morsi’s Tahrir Speech.” Published on Jun 29, 2012, at https://youtu.be/N_DqkzqHTAM.

  20. 20.

    Copy of the Survey was obtained at Tahrir Square on May 29, 2013.

  21. 21.

    Muhammad al Baltaji’s comments were in an article entitled, “Tahlil Mawqif al-Ikhwan min Hariiq Tamarrud: Nafy al-Nafy … Ithbat.” Published at Akhbarak Online on June 10, 2013, at http://www.akhbarak.net/news/2013/06/10/2723596/articles/12695126/%D9%81%D9%89-%D8%AA%D8%AD%D9%84%D9%8A%D9%84-%D9%85%D9%88%D9%82%D9%81-%D8%A7%D9%84%D8%A5%D8%AE%D9%88%D8%A7%D9%86-%D9%85%D9%86-%D8%AD%D8%B1%D9%8A%D9%82-%D8%AA%D9%85%D8%B1%D8%AF-%D9%86%D9%81%D9%89-%D8%A7%D9%84%D9%86%D9%81%D9%89-%D8%A5%D8%AB%D8%A8%D8%A7%D8%AA.

  22. 22.

    Some points of the meeting were published in Duke in the Arab World 2013 on May 27, 2013, at https://sites.duke.edu/dukeinthearabworld2013/2013/05/27/mafish-mushkila/.

  23. 23.

    Discussion was republished on YouTube. Accessed on May 24, 2013, at https://www.youtube.com/watch?v=kvn_C13i_ZU.

  24. 24.

    Quran, Surah 4: (Al Nisa, verse 59).

  25. 25.

    Sheikh el-Tayyib’s statement of support was published in Al-Masry Al-Youm on June 20, 2013. Accessed the same day at http://today.almasryalyoum.com/article2.aspx?ArticleID=386845.

  26. 26.

    Abdurrahman Yusuf al-Qaradawi’s article was published in many Egyptian daily newspapers including al Youm 7 newspaper. A full version was also published on July 7, 2013. Accessed the same day at http://www.youm7.com/story/2013/7/7/%D8%B9%D8%A8%D8%AF-%D8%A7%D9%84%D8%B1%D8%AD%D9%85%D9%86-%D9%8A%D9%88%D8%B3%D9%81-%D8%A7%D9%84%D9%82%D8%B1%D8%B6%D8%A7%D9%88%D9%89-%D9%8A%D9%83%D8%AA%D8%A8-%D8%B9%D9%81%D9%88%D8%A7-%D8%A3%D8%A8%D9%89-%D8%A7%D9%84%D8%AD%D8%A8%D9%8A%D8%A8%2D%2D%D9%85%D8%B1%D8%B3%D9%89/1152641.

  27. 27.

    Yusuf al-Qaradawi, “Islam and Democracy.” In Princeton Readings in Islamist Thought: Texts and Contexts from al-Banna to Bin Laden, (Ed.) Roxanne L. Euben and Muhammad Qasim Zaman (Princeton: The Princeton University Press, 2009), 238–239.

  28. 28.

    Comments were published on Shabab Ahram Online. Accessed on June 14, 2013, at http://shabab.ahram.org.eg/News/12331.aspx. And also published through YouTube. Accessed on June 11, 2013, at https://www.youtube.com/watch?v=5O0JgrDIPrw.

  29. 29.

    There was a popular movement to count Morsi’s first 100 days of achievements in the presidency. The movement was generally misguided by unreal expectations based on the secret powers and connections of the Muslim Brotherhood organization. Morsi’s Ikhwan supporters also contributed in enforcing these imaginary expectations by promising to clean the street of Cairo through community-based groups affiliated with the Muslim Brotherhood.

  30. 30.

    Fahmi Huwaidi, “Waqa’u fi al-Fakh,” In Shurooq Newspaper, published on April 2, 2012. Accessed on April 21, 2012, at http://www.shorouknews.com/columns/view.aspx?cdate=01042012&id=2c3ddfd1-beb9-4e7e-9d23-f800997fa7d7.

  31. 31.

    Article published in Al-Masry Al-Youm newspaper on June 24, 2013. Accessed at http://www.almasryalyoum.com/news/details/49796.

  32. 32.

    “Military says it will not stand idle as ‘the national security of the state is in severe danger’” Published in Al Jazeera: July 1, 2013. Accessed on August 28, 2013, at http://www.aljazeera.com/news/middleeast/2013/07/201371174917747751.html.

  33. 33.

    See Morsi’s speech on legitimacy (Shar’iyyah), op. cit.

  34. 34.

    Grand Sheikh Ahmad el-Tayyib’s statement was televised directly. Quotations provided in many daily journals. See RT Arabic reporting on the event on July 3, 2013. Accessed on July 6, 2013, at https://arabic.rt.com/news/620232-%D8%A3.%D8%B4.%D8%A3._%D8%B4%D9%8A%D8%AE_%D8%A7%D9%84%D8%A3%D8%B2%D9%87%D8%B1_%D9%88%D8%A8%D8%A7%D8%A8%D8%A7_%D8%A7%D9%84%D8%A3%D9%82%D8%A8%D8%A7%D8%B7_%D9%88%D8%A7%D9%84%D8%A8%D8%B1%D8%A7%D8%AF%D8%B9%D9%8A_%D8%B3%D9%8A%D8%B9%D9%84%D9%86%D9%88%D9%86_%D8%AE%D8%A7%D8%B1%D8%B7%D8%A9_%D8%A7%D9%84%D8%B7%D8%B1%D9%8A%D9%82_%D8%A7%D9%84%D8%B3%D9%8A%D8%A7%D8%B3%D9%8A%D8%A9/.

  35. 35.

    Quoted from his article on Al-Masry Al-Youm Newspaper: July 4, 2013.

  36. 36.

    Interviewed in Cairo at the Arab and African Research Center, on June 7, 2013.

  37. 37.

    Abdurrahman Yusuf al-Qaradawi’s source previously provided.

  38. 38.

    “Dozens rally for Egyptian activist Ahmed Doma accused of insulting president.” In Ahram Online, May 13, 2013. Accessed on May 15, 2013, at http://english.ahram.org.eg/NewsContent/1/64/71337/Egypt/Politics-/Dozens-rally-for-Egyptian-activist-Ahmed-Doma-accu.aspx.

  39. 39.

    On Sheikh Mazhar Shaheen’s role, read “Tahrir Imam condemns Egypt media for tarnishing revolution’s image.” In Ahram Online: January 20, 2012. Accessed on February 12, 2012, at http://english.ahram.org.eg/NewsContent/1/64/32220/Egypt/Politics-/Tahrir-Imam-condemns-Egypt-media-for-tarnishing-re.aspx.

  40. 40.

    The video was published on Jun 23, 2013. Accessed on June 28, 2013, at https://youtu.be/m6g2b_by1MI.

  41. 41.

    “Al Markaz al Arabi li Istiqlal al Qada, Yutalib al Sultat al Misriyyah bi Fakki al HiSaar ‘ala al Dustoriyyah”, published in Hoqook.Com, downloaded on January 2013 at http://www.hoqook.com/59630/.

  42. 42.

    Reported in the Egyptian daily newspaper, An-Nahar on May 6, 2013. Article accessed on May 7, 2013, at http://www.alnaharegypt.com/t~123527.

  43. 43.

    For more, read Mohamed Youni “As Morsi Ousted, “Suffering” Shot Up in Egypt.” (August, 8, 2013), published in Gallup, at http://www.gallup.com/poll/163877/morsi-ousted-suffering-shot-egypt.aspx.

  44. 44.

    Friedrich, Carl J. “Public policy and the nature of administrative responsibility.” In Carl J. Friedrich (Ed.) Public Policy (Cambridge: Harvard University Press, 1940).

  45. 45.

    Finer, Herman, “Administrative responsibility in democratic government.” In Public Administration Review (1941), Vol. 1 (pp. 335–350) p. 7.

  46. 46.

    Meeting with Dr. Hanafi took place on May 27, 2013, at the Egyptian Medical Syndicate Headquarters, Garden City, Cairo, following his public talk with a group of American students.

  47. 47.

    Appointing a Coptic female vice president was widely proposed by the Muslim Brotherhood leadership during the presidential re-run of 2012. Many national newspapers reported on it as a given fact. Read “Egypt to see first female, Coptic vice-presidents: Morsi team.” In Ahram Online: Jun 26, 2012. Accessed on February 11, 2013, at http://english.ahram.org.eg/NewsContent/36/122/46229/Presidential-elections-/Presidential-elections-news/Egypt-to-see-first-female,-Coptic-vicepresidents-M.aspx.

  48. 48.

    Meeting and interview in Cairo on July 1, 2012.

  49. 49.

    Morsi’s speech for this quotation was published on July 17, 2012. Accessed on September 18, 2012, at https://www.youtube.com/watch?v=ibRcfSW-cHc.

  50. 50.

    List constructed from Cairo interviews in May–June 2013, and open sources including “Who’s Who in Egypt’s Muslim Brotherhood” by Eric Trager published in September 2012, accessed at http://www.washingtoninstitute.org/policy-analysis/view/whos-who-in-the-muslim-brotherhood.

  51. 51.

    The National Staff “Former Muslim Brotherhood member reveals banned group’s inner workings” In The National April 10, 2014. Accessed on September 3, 2016, at http://www.thenational.ae/world/muslim-brotherhood/former-muslim-brotherhood-member-reveals-banned-groups-inner-workings/.

  52. 52.

    Among the many good books that shed light on the inner working of the Muslim Brotherhood are Mitchell, Richard Paul, The Society of the Muslim Brothers (Oxford University Press, 1993), and Khalil al-Anani, Inside the Muslim Brotherhood: Religion, Identity, and Politics (Oxford: Oxford University Press, 2016).

  53. 53.

    Tariq Ramadan, “The revolution in Egypt turns from tragedy to farce.” In Religion & Ethics 10 July 2013. Accessed on October 17, 2013, at http://www.abc.net.au/religion/articles/2013/07/10/3800396.htm.

  54. 54.

    Morsi’s final public speech on legitimacy cited earlier, op. cit.

  55. 55.

    Nasr Abu Zayd, “Suqut al-Tanwir al-Hukumi.” Published in Hurriya Sudan on September 4, 2013. Accessed on October 3, 2013, at http://www.hurriyatsudan.com/?p=123770.

  56. 56.

    Abdel Wahab Al-Afandi, “Nidhamu al-Mamalik al-Almaniyyah fi Asr al-Zalam al-Misri al-Jadid.” Published in l-Quds al-Arabi on January 28, 2014. Accessed the same day at http://www.alquds.co.uk/?p=127665.

  57. 57.

    See Mustapha Abid’s article “Dars Sayyid Qutb.” Published in Al-Wafd Newspaper on September 18, 2011. Accessed the same day at http://alwafd.org/component/content/article/158-%25D9%2585%25D9%2582%25D8%25A7%25D9%2584%25D8%25A7%25D8%25AA%20%25D8%25A7%25D9%2584%25D8%25B1%25D8%25A3%25D9%2589/%25D9%2585%25D8%25B5%25D8%25B7%25D9%2581%25D9%2589-%25D8%25B9%25D8%25A8%25D9%258A%25D8%25AF/96663-%25D8%25AF%25D8%25B1%25D8%25B3-%25D8%25B3%25D9%258A%25D8%25AF-%25D9%2582%25D8%25B7%25D8%25A8.

  58. 58.

    Muhammad Naguib, Kuntu Raisan (I was a President) (Cairo: Al-Maktab al-Masry al-Hadith, 1984), 253–54.

  59. 59.

    Henry Munson, Religion and Power in Morocco (New Haven: Yale University Press, 1993).

  60. 60.

    Abdel Omar Sherif, “The Relationship between the Constitution and the Shari’a in Egypt,” In Constitutionalism in Islamic Countries: Between Upheaval and Continuity. Rainer Grote, Tilmann Röder (Eds.) (Oxford University Press, 2012), 121–134.

  61. 61.

    Gamal Gasim, “Explaining Political Activism in Yemen” In Taking to the Streets: The Transformation of Arab Activism. Edited by Lina Khatib, Ellen Lust (Johns Hopkins University Press, 2014).

  62. 62.

    Quoted in Salih Jahr al-Din, Al-Harakat wa al-Ahzaab al-Islamiyyha wa Fahm al-Akhar (Beirut: Dar al-Saqi), 242.

  63. 63.

    Read an interesting analysis of Abderraziq’s thesis in Erwin Rosenthal, Islam in the Modern National State (Cambridge: The University Press, 1965), 85–102.

  64. 64.

    Ali Abderraziq, Al-Islam Wa USul al-Hukm (Qatar: Ministry of Arts, Culture and Heritage, 2008), 35.

  65. 65.

    Ibid., 53.

  66. 66.

    Read a review of the book under “Nazra fi kitab al-Islam wa Usul al-Hukm” at Dorar Net. Accessed on July 23, 2015, at http://www.dorar.net/enc/mazahib/232.

  67. 67.

    Jonathan Brown, When Victory is not an Option (Ithaca: Cornell University Press, 2012).

  68. 68.

    Salih Zahr al-Din, op. cit., pp. 201–272.

  69. 69.

    Seymour Martin Lipset, Political Man: The Social Bases of Politics (Baltimore: The Johns Hopkins University Press, 1981), 67.

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Lo, M. (2019). Morsi’s Dilemma: The Shifting Sands Between Shar’iyyah and Shari’a. In: Political Islam, Justice and Governance. Political Economy of Islam. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-319-96328-0_8

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