The NTC
Under the NTC, the self-appointed leadership of the revolution, Sharia's role in lawmaking increased significantly, thanks to the Islamists' efforts. They were helped, to a large extent, by their ally, Mustafa Abdualjalil, President of the NTC.
Abdualjalil, who was not an Islamist himself, followed a “strategy of incorporating Islamist demands before the Islamists could mobilise against the NTC” (Sawani and Pack 2013, 527). For example, in the speech he gave on Liberation Day on 23 October 2011, he announced that, “any law violating Islamic Sharia is suspended with immediate effect, including the one that restricts polygamy.” He also added that the new Libya would establish an Islamic banking system wherein riba (usury) would be prohibited (BBC 2011). He later revealed that just before the Liberation Speech, the militant Islamists asked him to publically announce the application of Sharia; in return, they would hand over their weaponry. They, however, defaulted on this promise (Al- Jafil 2015).Legally speaking, Abduljalil could not in his capacity as the president of the NTC annul or even alter any law, and the changes he promised did not take place in the NTC's term. Still, this term witnessed the setting up of the foundation of these, and similar changes, i.e., the recognition of Sharia in the Interim Constitutional Declaration (ICD). The ICD declared Islam to be the religion of the state, and Sharia the principal source of its legislation. This way, the ICD formed the basis for challenging the constitutionality of any legislation perceived to be incompatible with Sharia. The Supreme Court could then strike it down.
The NTC's term also saw the issuing of Law 15/2012 on the Establishment of Dar el-Efta, the state office for religious advice, which proved instrumental in pushing for assigning Sharia an even more important role in lawmaking.19 This law restored the position of the Mufti as the state's official religious adviser, an office that Gaddafi's regime had abolished (Abu Raas 2017). It required all society members to respect fatwas of Dar el-Efta, and prohibited discussing them in any media avenues. Dar el-Efta, through its Shari Research and Studies Council, was also tasked with advising state institutions on draft laws.20
In addition, the NTC issued Law 29/2012 on the Regulation of Political Parties, which banned parties from circulating or publishing any thoughts violating Sharia. There was, however, no need for such a ban as all political parties participating in the election of the GNC called for Sharia to be considered in lawmaking. Even the National Coalition Forces Party, which is not an Islamic party and is very often described as being liberal, published a manifesto that Sharia should be recognised as a principal source of legislation (Majdi 2012).
These were all indications of the prominent role that Sharia would enjoy in the GNC's term.