The Rule of Law, Islam, and Constitutional Politics in Egypt and Iran

Chapter 10: Surviving under Rule by Law: Explaining Ideological Change in Egypt’s Muslim Brotherhood during the Mubarak Era

10 Surviving under Rule by Law Explaining Ideological Change in Egypt’s Muslim Brotherhood during the Mubarak Era Bruce K. Rutherford Several papers from the Oñati workshop observe that the rule of law did not exist in either Mubarak’s Egypt or Iran (Bernard‑Maugiron, Said, Ehsani). Rather, it had been replaced with “rule by law,” in which states use the law to control and dominate society. In the Egyptian case, anger over this situation was one of the factors that led to the uprising of January 25, 2011, and the eventual removal of Hosni Mubarak from power. The papers from the workshop provide valuable analysis of how “rule by law” is carried out through state policies and why efforts to reform this structure have largely failed. The following chapter looks at the other side of this equation by examining the effects of “rule by law” on the development of opposition groups, particularly the Muslim Brotherhood (MB). More specifically, it studies how the conception of Islamic governance put forward by the MB and its theorists was shaped by the political constraints and opportunities associated with “rule by law” in Mubarak’s Egypt. This is accomplished by analyzing the evolution of the MB’s positions on three particularly conten‑ tious issues: the rights of Egypt’s Coptic Christian minority; the role of the state in shaping the morality of individual citizens; and the rights of women. The MB’s stance on these issues is examined by utilizing two types of sources: the views of the Islamic constitutionalist thinkers who shape the Brotherhood’s ideology (Yusuf al‑Qaradawi, Tariq al‑Bishry, Muhammad Salim al‑ʿAwwa, and Kamal Abu al‑Majd) and the Brotherhood’s political 249 250 Bruce K. Rutherford documents and behavior during the 2005 parliamentary election and the subsequent session of parliament.1 The analysis shows that the Brotherhood moderated its position on the first two issues (equality for Copts and the moral role of the state), but did not moderate with regard to women’s rights. This observation raises two questions: What caused the MB to moder‑ ate? And, What explains this pattern of moderation? Much of the literature on Islamic groups focuses on political incentives as the primary cause of ideological change. While this argument has some relevance, it cannot explain the pattern of ideological change in which the MB moderated in some areas but not in others. I argue that this pattern is best understood by examin‑ ing the MB’s strategy of organizational survival within the constraints of Egypt’s system of “rule by law” during the Mubarak era (a “regime game,” borrowing Scott Mainwaring’s concept). The logic of this game is described and analyzed. In order to demonstrate that this “regime game” argument is accurate, the chapter briefly evaluates four alternative arguments and finds that they are unable to fully explain the pattern of moderation in the Brotherhood.2 The Development of the Brotherhood’s Positions on Copts, the Moral Role of the State, and Women’s Rights Full Equality for Copts The Brotherhood has often been criticized for failing to conceptualize Egyp‑ tian national identity in a manner that grants comprehensive equality to the country’s non‑Muslim citizens, particularly its Coptic Christian minority.3 These concerns have some historical foundation. The organization’s ideology in the 1940s and 1950s portrayed the local Christian population as agents of Western (Christian) powers who aided the colonialists in their efforts to control Egypt (Mitchell 1993, 222). As recently as 1997, the then‑General Guide (Mustafa Mashur) gave an interview that called for limiting the rights of Copts and charging them a special tax (jizya) in exchange for protection of their property (El‑Ghobashy 2005, 386). However, in recent years, the theorists of Islamic constitutionalism have put forward a detailed argument in favor of tolerance and inclusion of Copts. They observe that differences in religion were created by God and, as such, should be respected and protected. Al‑Bishry pays particular attention to this topic in a lengthy book that examines the relationship between Copts and Muslims in Egypt (al‑Bishry 2004). He argues that 251 Surviving under Rule by Law Egypt’s unique historical experience has produced a national identity that embraces both Muslims and Copts. Islam is part of this Egyptian identity, but does not dominate it and does not define Copts as second‑class citi‑ zens.4 A strengthening of...