The place of Islam in the 2014 constitution

 

The 2014 constitution addressed Islam in three chapters under which the status of Islam was determined by positioning Islam in relation to the state and legislation.

As for the place of Islam in legislation, the Constitution placed Islam as a religion in two contradictory places of importance. On the one hand, the Constitution considered Islam a source of legislation. Although it is not explicitly stated that Islam is a source of legislation, by stating in chapter I that Islam is a religion of the State, it can be concluded from it that Islam is a source of legislation even though the Constituent Power has adopted this ambiguous chapter in the context of the tug-of-war between Islamists and secularists. 

On the other hand, the Constitution considers Islam as the subject of legislation in Chapter VI of the Constitution. By virtue of Chapter VI, which states that the state is a custodian of religion and obliges it to protect the sacred, the Tunisian constitution places Islam in the same position as other religions. Islam has become one of the subjects dealt with by laws and regulations for the purpose of supervision, care and protection.

As for the place of Islam in the state, the 2014 constitution distinguished Islam with absolute superiority over other religions. In its first chapter, the Constitution regards Islam as a distinctive religion of the Tunisian state. Islam was also established as a condition for running for the presidency of the Republic. Article 74 requires a candidate for the presidency of the republic to have a religion of Islam.