ABSTRACT

This chapter focuses on the religious issues in the Tunisian constitutional transition. It talks about the analysis of the main reasons for the conflicts, and highlights how each group tended to its specific interests, thus provoking a situation of potential conflict between divergent, competing, opposing claims. The chapter discusses the results of the contestations, namely the presence of nuanced Islamic references in the constitution, alongside democratic and civic values and principles. It also talks about the some reflections on the negotiated constitution-making process. Tensions about religion and how the state accommodates religious beliefs in the constitutional order have gained increased momentum in constitution-making processes all over the world. The secularists wanted to preserve the achievements made in terms of civil liberties dating back to the Bourguiba era, such as women's emancipation and secularity of the public sphere. Islamists claimed the right to publicly express their religion, after decades of repression, and promoted a political agenda inspired by Islamic values.