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发帖数: 29846 | 1 Unhappy Egyptians Given 2 Weeks to Consider Divisive Constitution That
Elevates Shari’a
By Patrick Goodenough
December 4, 2012
(CNSNews.com) – Given just two weeks to consider the merits of a draft
national constitution that will affect their lives for the foreseeable
future, Egyptians were taking to the streets in large numbers on Tuesday to
protest the latest development in their country’s chaotic political
transition.
Drafted by Islamists over the concerns of many non-Muslims and secularist-
minded Egyptians, the draft text will be put to a national referendum on
December 15, President Mohammed Morsi announced late last week.
The draft constitution has deepened divisions in Egyptian society. Among
those supporting it are Morsi’s Muslim Brotherhood and the Salafist Nour
Party – the two parties which together dominated the elected legislature (
whose future remains uncertain since a Supreme Constitutional Court ruling
last June).
Also voicing support are Yusuf al-Qaradawi, the influential Qatar-based
Sunni cleric regarded as the spiritual leader of the Muslim Brotherhood, who
spoke favorably about the draft on his television program Sunday; and Al
Azhar University, the Cairo-based institution traditionally viewed as the
leading worldwide authority in Sunni Islam.
Opponents of the draft constitution and referendum plan include Coptic
Christians, some minority Shia and Sufi Muslims, liberal and secular
political parties, and prominent figures including one-time presidential
hopefuls Amr Moussa and Mohamed ElBaradei.
The judiciary also appears to be divided, with some judges saying they will
refuse to oversee the referendum, as required by law. But the Supreme
Judicial Council was reported by state media Monday to have agreed to
supervise the process.
The rush to push ahead with the constitution followed Morsi’s controversial
November 22 decree exempting his decisions from judicial challenge.
Secretary of State Hillary Clinton said Friday both decisions, taken despite
a lack of consensus across the political system, were of concern to the U.S
., the international community and Egyptians themselves.
“To redeem the promise of their revolution, Egypt will need a constitution
that protects the rights of all, creates strong institutions, and reflects
an inclusive process,” she said in a speech in Washington.
The State Department has not issued any critique of the draft.
“Primarily it’s the Egyptians that are going to have to speak with regard
to whether this meets the aspirations that they have,” department
spokeswoman Victoria Nuland said Friday, while at Monday’s press briefing
her colleague, Mark Toner, limited his comments to the importance of the
referendum being monitored by impartial observers and for a peaceful and
secure voting environment.
The 236-article draft on which Egyptians will vote includes one significant
change from earlier versions – the removal of a clause stating that women
and men are equal “without violating the principles of shari’a” (Islamic
law).
Instead the draft, without specifically referring to the protection of women
’s rights, includes an article stating “All citizens are equal before the
law. They have equal public rights and duties without discrimination.”
The change is important, since in countries where gender equality is
conditional on shari’a women face discrimination in multiple areas,
including inheritance, divorce, the right to own property, and legal
standing.
The draft retains numerous provisions have that generated concern among
secularist and religious minority Egyptians. Some include:
--The retention of “principles of Islamic shari’a” as “the principal
source of legislation,” a provision strongly opposed by many minority
Coptic Christians. (Article 2)
--The affirmation of the primary role of Al Azhar University to interpret
shari’a. The Sunni institution’s “senior scholars are to be consulted in
matters pertaining to Islamic law.” Also, possible future Islamic reformist
tendencies are implicitly ruled out by a provision linking the principles
of shari’a to “credible sources accepted in Sunni doctrines and by the
larger community.” (Articles 4, 219)
--The decision to make the state responsible for protecting family values,
ethics, public morality and public order, and for fostering “religious and
patriotic values.” (Articles 10, 11)
--The non-recognition of all religions other than Islam, Christianity and
Judaism, a provision that leaves the status of Egypt’s small Baha’i
community in limbo. (Articles 3, 43)
--The prohibition of “insult or abuse of all religious messengers and
prophets,” a clause opening the door for Islamists to take legal action
against anyone they deem to have “blasphemed” Mohammed. (Article 44)
--The limiting of press freedom by making it conditional on the upholding of
the principles of “the state and society” (therefore including religious
considerations) and “national security.” (Article 48)
“Morsi no doubt is betting that the public will decisively approve the
constitution in the upcoming referendum and all will be forgotten,” Isobel
Coleman, senior fellow for U.S. foreign policy at the Council on Foreign
Relations, wrote in an analysis last week.
“Indeed, Egyptians – exhausted by all the political bickering – might
very well approve the constitution,” she argued, “but the risk is that
this power-play promises to just deepen divisions.” |
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