הרחקת דת ממדינה: תמורות במעמד האסלאם בחוקות תוניסיה (1959–2022)

Until recently, Tunisia, the pioneer of the “Arab Spring,” was considered the only Arab country whose popular uprising against tyranny was a success and yielded real democratization. However, in the past year, Tunisia has “made a U-turn,” joining the list of countries that have undergone a counter-revolution or military coup and seen a return to authoritarianism. On July 25, 2021, the 64th anniversary of the Republic’s independence, President Kais Saied, who came to power in the democratic elections of 2019, resumed patterns of governance customary before the 2011 Jasmine Revolution. He dismissed the prime minister and dissolved the parliament headed by Rached al-Ghannouchi, leader of the Islamist Ennahda party, the largest party in the country. On July 25, 2022, a new constitution was put to a referendum, completing this series of events. The constitution, which was approved by a majority of 94.6%, is the focus of this article. In examining the new Tunisian constitution, commentators have devoted most of their attention to its embodiment of the failure of the Tunisian democratic experience, which exemplifies the failure of the “Arab Spring” as a whole. This article seeks to shine a spotlight on another trend reflected in this constitution: the decline in the dominance of Islam, which is reflective of the Islamist movements’ political collapse after their meteoric rise in Tunisia and other Arab countries. The article analyzes changes in the representation of Islam in the new constitution from two perspectives: in comparison to the two constitutions that preceded it (1959, 2014), and in relation to the status of Islam in the current constitutions of other Arab countries. The article’s primary claim is that Tunisia’s new constitution indicates an attempt to distance religion from the state. This change in Islam’s status is unprecedented in Tunisia’s constitutional history since its independence, as well as in most Arab countries with majority-Muslim populations. Beyond the symbolic dimension, this shift may have a practical effect on Tunisian law, religious institutions, and the educational system. It may also influence other Arab countries, who may adopt similar changes to their constitutions following Tunisia