web analytics
April 18, 2015 / 29 Nisan, 5775
At a Glance
InDepth
Sponsored Post


Rubin Reports: A First Look at Egypt’s New Constitution Shows a Careful Ambiguity On Islamic Rule

Praying on the Egyptian flag

Praying on the Egyptian flag
Photo Credit: Wissam Nassar/Flash90

http://rubinreports.blogspot.co.il/

Although it isn’t official, the first two articles of Egypt’s new Constitution have been reportedly drafted by the committee of parliamentarians charged with that task. Article 1 defines Egypt as part of the Arab and Muslim nation, a compromise between acceptance of the country as a normal nation-state and its identity as either a purely Arab nationalist or Islamist entity.

Similarly, Article 2, according to Mohamed Emara, head of the committee responsible for drafting this section, says:

“Islam is the religion of the state, and Arabic is its official language, and the principles of Islamic Sharia are the main source for legislation. Christians and Jews shall resort to legislation derived from their own religions.”

There is some ambiguity here as to whether Egypt would thus be a Sharia state. On one hand, Islamic law is not made the sole source of legislation, while the word “principles” might mean that the interpretation will be loose, principles and not all of the details. Bourhamy says that this merely shows that Egypt isn’t a secular state.

On the other hand, though, both the Muslim Brotherhood and the Salafis accepted this formulation which, since they want a Sharia state, apparently feel does not block their goal from being reached. Moreover, precisely what “principles” means will be defined not by some governmental organ but by the al-Azhar mosque university. While the leaders of that institution are more moderate than the Brotherhood and Salafis, presumably President Muhammad al-Mursi will replace them at some point with his own people.

The Arabic word used to define “democracy” was “shura.”  This is a term often used in Muslim countries because it is found in the Koran. It might be translated as “consultative,” since the ruler (in this case, al-Mursi) can consult with the parliament. This might be taken to imply that its decisions are not binding. Also that the parliament does not have a free hand in passing laws since—it is implied—no law can be passed that conflicts with Sharia law.

Non-Islamists can argue that there is no harm in the word but it should be noted that the idea for using this term was suggested by a Salafist.

The bottom line is that there is an ambiguity which Western observers and anti-Islamist Egyptians can say means that the country will not be a Sharia state, while Islamists can maintain their own view. The key point, of course, is not the wording as such but who gets to interpret it down the road.

Finally, Christians, it is implied, will be governed by their own religious laws. But this is a peculiar formulation. If Egypt is not governed by Sharia law then why would Christians need to be exempt from it? If this provision is restricted only to matters of personal status (principally marriage, divorce, and inheritance) then Christians would mostly be living under Sharia law in any state court. And what does this constitutional provision mean for example regarding the status of women, where Egyptian law has granted more rights than Sharia would do? Another important issue will be the appointment of future judges since many of the current magistrates oppose Sharia law as that of the state.

If there is an Islamist president and parliament who pass laws that correspond only to Sharia and who appoint Islamist judges and al-Azhar  shaykhs then Egypt will be a Sharia state. No doubt though the Constitution will be interpreted by many Western observers of proof that the Brotherhood and Salafists have moderated.

About the Author: Professor Barry Rubin is director of the Global Research in International Affairs (GLORIA) Center and editor of the Middle East Review of International Affairs (MERIA) Journal. See the GLORIA/MERIA site at www.gloria-center.org.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

One Response to “Rubin Reports: A First Look at Egypt’s New Constitution Shows a Careful Ambiguity On Islamic Rule”

  1. Liad Bar-el says:

    Barry, the MB take over is gradual so they are playing it cool for now until it will fully install a Sharia state.

Comments are closed.

Current Top Story
S300
Putin Warns Israel Against Weapons Sales to Ukraine as it Lifts Ban on S300 Sale to Iran
Latest Indepth Stories
Mrs. Golda Katz a"h

She had many names and was many things to many people, but to me she was just Babineni.

ISIS terrorist carries the group's black flag.

Is ISIS in Gaza? “No, but there are ISIS loyalists here..we pray to God they unite under ISIS’ flag”

Cliff Rieders

Rabbi Portal was that great “inspirer,” changing people for the better, enriching the lives of all

MK Moshe-Feiglin

Iran knows Obama, Putin, and the Europeans don’t have a Red Line beyond which they will go to war

There is no way to explain the Holocaust. I know survivors who are not on speaking terms with G-d. I know many who are the opposite. I have no right to go there…

When a whole side of your family perishes, friends become the extended family you do not have.

“We stand with Israel because of its values and its greatness and because its such a wonderful ally”

Mr. Obama himself inelegantly cautioned members of the Senate to be careful not to “screw up” the negotiations by seeking to have input into the future of the sanctions regime that has been imposed on Iran.

For our community, Mrs. Clinton’s foreign policy record will doubtless attract the most attention. And it is a most interesting one.

Mitchell Bard is nothing if not prolific. He has written and edited 23 books, including “The Complete Idiot’s Guide to Middle East” and “The Arab Lobby: The Invisible Alliance That Undermines America’s Interests in the Middle East.” Bard, who has a Ph.D. in political science from UCLA, is also the executive director of both the […]

Understanding the process described in Dayenu reveals deep relevance for us today.

For Rabbi Zvi Yehuda Kook, the tanks, planes, and uniforms of the IDF were implements of mitzvot

The only way to become humble is honesty about our experiences; it’s the only path to true humility

Obama’s approach to evildoers echoes Gandhi’s fatuous and muddleheaded pleas to his “friend” Hitler

More Articles from Barry Rubin
Youssef Ziedan

The interviewer responds, “There was also Balfour.”

peace_clowns

If the Obama/Kerry peace deal does go through, what would the risks be?

Let me make it plain. There will be mass murder, even genocide in Syria.

A large number of pro-Obama and radical or even anti-Israel cadre are Jews.

Does anyone think the Palestinian Authority will resist daily attacks from Hamas and Fatah radicals?

Secret Service security arrangements were overruled.

The Obama Administration plan is very simple, assuming that everything goes smoothly–which of course it will not.

The less you know about Islam, the better. Ignorance is strength.

Printed from: http://www.jewishpress.com/indepth/analysis/rubin-reports/rubin-reports-a-first-look-at-egypts-new-constitution-shows-a-careful-ambiguity-on-islamic-rule/2012/07/12/

Scan this QR code to visit this page online: