Religious Persecution and Constitution Building in the Middle East: The Rule-of-Law Conundrum

The article summarizes the status of religious freedom protection in the Middle East, with a special focus on Afghanistan, Egypt, and Iraq. It contrasts the high level of persecution and discrimination with the Arab Spring's expectations and the goals of international coalitions that toppled the regimes of Taliban and Saddam. It argues that enforcing the rule of law in the Middle East unsettles societal compromises and may worsen the conditions of religious minorities. The rule of law is based on individualism, equality, and rights-based claims that are addressed in state-run courts, whereas the Middle East social fabric has mainly developed along communitarian lines, different legal regimes for each ethnic or religious group, religious courts, and extra-judicial compromises. The article ultimately argues for a more considerate and milder approach to the rule of law in the Middle East.