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The HoR

While the GNC was, especially in its second period, an Islamist- dominated body, the HoR was to a large extent the opposite and acted as such. The acts of the HoR could, in many cases, be seen as responses to the GNC.

For example, while the GNC introduced Law 1/2013 on the Prohibition of Transactions Involving Usury to Islamise the banking system, the HoR decided to suspend it till 2020.27 Also, the HoR enacted Law 8/2014 to annul Dar el-Efta and transfer its powers and assets to the Ministry of Religious Endowments (Awqaf). This law was clearly in reaction to the role that the Dar el-Efta, especially its head, Sadiq al- Ghariani, played in supporting the GNC. This would be another reason to doubt that the HoR would consent to any laws based on this institute’s advice.

It is fair to conclude that the role of Sharia in lawmaking is an issue on which the GNC and HoR disagreed. The question would then be on the position of the CDA, the body entrusted with writing the constitution, on the same issue.

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Source: Bedner Adriaan (ed.).. Real Legal Certainty and its Relevance: Essays in Honor of Jan Michiel Otto. Leiden University Press,2018. — 261 p.. 2018
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