minorities and freedoms in egypt constitution.pdf

8/14/2019 Minorities and Freedoms in Egypt Constitution.pdf

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Minorities and Freedoms in Egypt Constitution

By Dr. Wael Shihab

On Saturday, December 1, Egypt President Morsi called all citizens, in and

outside Egypt, for a public referendum on the new draft constitution, to be

held on 15 December.

The draft constitution, coming in the wake of tensions that followed the

decree issued by President Morsi, granting him sweeping powers, has also

prompted widespread protests across the country.

In my opinion, I believe that the draft constitution will, if Egyptians vote in

its favor, defend minorities rights, responsible freedoms, human respect,

and justice. Giving it a fair look, and comparing it to the previousconstitutions, I see it paying attention to establishing equality among all

citizens irrespective of their faith, cultures, or sects. It affirms social

solidarity and supports community morals and values. It respects human

values and people dignity.

In the following lines, I will further elaborate on my point by providing

some citations from the draft that focus on religious rights of faith

communities and basic freedoms. My objective is to present to the readers

how I see the Egypts draft constitutionone of the products of the peaceful

popular January 25th revolutiontrying to set a new Egypt on the principles

of citizenship, equality, justice, respect, and social solidarity.

Defending Minorities Religious Rights

The third article of the Egyptian draft constitution maintains religious

communities rights to apply their own religious principles in their personal

status laws and devotional affairs:

The religious principles of Egyptian Christians and Jews are the main

source of legislation for their personal status laws, religious affairs,

and the selection of their spiritual leaders.

Many writers used to claim that Egypts Islamistswho gained majority in

last parliamentary electionsdeny rights of religious monitories to apply


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their own religious rules and rituals. This claim is proved to be groundless

by virtue of the above article and many other articles that assure freedom of

worship and protection of places for worship for all Egyptians: Muslims,

Christians, and Jews. Article 43 states:

Freedom of belief is an inviolable right. The State shall guarantee the

freedom to practice religious rites and to establish places of worship

for the divine religions, as regulated by law.

The above values that defend religious minorities rights are compatible with

Islamic and world conventions and laws. It is baseless then for anybody to

claim that moderate Muslimslike Egyptiansdont support religious

freedoms and tolerance.

Maintaining Universal Values of Citizenship

Interestingly, Egypts draft constitution upholds universal values of

citizenship such as equality, respect, and dignity for all citizens irrespective

of their faith, cultures, or social classes. In the introductory section that

outlines the basic concepts and principles of the draft constitution, it is

affirmed that equality before the law and equal opportunities for all citizens,

men and women, without discrimination or favoritism are guaranteed.

In article 6, the draft constitution assures:

The political system is based on the principles of democracy, shura

(mutual consultation), and citizenship values, under which all citizens

are equal in rights and duties. No political party shallbe formed

that discriminates on the basis of gender, origin, or religion.

Throughout the draft constitution, universal values of citizenship are

maintained. This, of course, reflects moderate understating of Islam and its

human values.

In a Muslim state, all citizens enjoy equal rights and bear same

responsibilities. Prophet Muhammad (peace and blessings be on him) and

his Companions established good relations with other faith communities

living in Madinah, the first Islamic state. There was a large Jewish


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community as well as some other Arab tribes who had not accepted Islam.

The Prophet (peace and blessings be on him) prepared a mithaq (a covenant

or a constitution) for organizing good relations between these communities.

The covenant of Madinah laid down broad principles on which cordial

relations would be established between Muslims and non-Muslims.Protection of life and property, and freedom of thought and of worship were

guaranteed. Among the principles of the covenant are:

The Jews and the Muslims, . . . each group must support the other

against anyone who fights the people of this document (covenant of

Madinah). Their relationship shall be one of mutual advice and

consultation, and mutual assistance and charity rather than harm and

aggression . . . Charity and goodness are clearly distinguishable from

crime and injury, and there is no responsibility except for ones own

deeds. God is the guarantor of the truth and good will of this covenant.

This covenant shall constitute no protection for the unjust or criminal.

(See Sirat Ibn Hisham, pp. 110-111)

Freedoms Guaranteed

Egypts draft constitution protects freedoms that serve individuals and the

societys benefits. In the introductory section of the draft constitution, we

read:

Freedom is a well-established right. The freedom of citizens shall be

upheld in all aspects of life; freedom of opinion, expression and

creativity; and freedom in housing, property and travel, out of full

belief in such freedom as a divine principle laid down by the Creator

in the motion of the universe. God has created humans free. ... So, the

rights and freedoms of all citizens shall be protected without

discrimination.

According to the draft constitution, freedoms of ALL citizens are protected

by the law. Moreover, freedoms guaranteed should not pose dangers to

citizens lives, properties, or morals. So, it is a responsible and ethical

freedom that is compatible with peoples beliefs, cultures, and public and

private benefits. The following articles, for example, prove that the draft


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constitution promotes freedoms that preserve peoples private and public

benefits:

Article 8: The State guarantees the means to achieve justice, equality

and freedom, and is committed to facilitating the channels of socialcharity and solidarity between the members of society, ensuring the

protection of persons, honor, and properties, and working toward

providing decent life and sustenance for all citizens; all within the

context of the law.

Article 9: The State shall ensure safety, security, and equal

opportunities for all citizens without discrimination.

Article 11: The State shall safeguard ethics, public morality and

public order, and foster a high level of education and of religious and

patriotic values, scientific thinking, Arab culture, and the historical

and cultural heritage of the people; all as shall be regulated by law.

In Islam, freedomincluding religious freedom, freedom of expression,

freedom of action, media freedom, personal freedom, etc.is supported by a

countless number of general and detailed proofs of Shari`ah. For example,

the Quran emphasizes religious freedom saying, {There is no compulsion in

religion} (Al-Baqarah 2: 256) Ethical responsible freedom, which Islamgenerally supports, is bounded by the general ethics and guidelines of

peoples faiths, morals, and values. So, it is not acceptable, for example, to

approve insulting or attacking holy books, prophets, or religions under the

pretext of freedom of expression or liberties. Also, it is not acceptable to

justify harming people or risking public interest of communities for

irresponsible fake freedom of some individuals.

To conclude, Egypts draft constitution supports rights of faith communities

without any discrimination between minorities and the majority. Universalcitizenship values are maintained for all. Freedoms that promote peoples

public and private benefits are guaranteed. Therefore, I call on all fair people

of the world to read the draft constitution that Egyptians will vote for or

against within few days in order to share Egyptians their dreams for a better

future.

minorities and freedoms in egypt constitution.pdf

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