Abstract

In a society transitioning to democracy from an authoritarian regime, drafting a new constitution is an important step in the establishment of a civil and democratic state. Indeed, the demand of Tunisians to write a new constitution reflects their ambitions, aspirations and hopes; but reality shows a huge gap between the expectations of the majority of Tunisians and the result of the drafting process. The Tunisian transition is characterized by a fierce debate between the secular and the religious forces. This unfolding confrontation forms the backdrop to the process of drafting a new constitution, amid anxiety surrounding the place of Islam in the new political system. However, fears of the resurrection of a new theocratic dictatorship are mitigated by a dynamic civil society in which voices that were silenced or misused by the former regime of Zine Al-Abidine Ben Ali are becoming distinctly vocal. Their action has become increasingly visible, evolving around the place of religion, law and gender in the new constitutional framework. This article focuses on the debate on religion, law and gender in post-revolution Tunisia