Egypt’s New Constitution: Laying the Basis for an Islamist, Sharia State
On November 30, a Constituent Assembly consisting almost 100 percent of Islamists voted to approve the draft of Egypt’s new constitution. The next day, President Muhammad Mursi ordered that a referendum be held on December 15. In other words, Egypt’s population will be given two weeks to consider the main law, which has 230 articles, that will govern their lives for decades to come.
Most of the non-Islamists had walked out of the Assembly because they objected to the proposed constitution, and it seems as if the remaining opposition members did not even attend the vote. So great is the outrage that Egypt’s judges, who supervise elections and were explicitly asked by Mursi to oversee the forthcoming referendum, have refused to do so.
Yusuf al-Qaradawi, the Muslim Brotherhood’s chief spiritual guide, raved about how great the constitution is and then responded to the walk-out with a phrase that might serve as the slogan for the new democracy in Egypt and other Arabic-speaking countries:
You should not have withdrawn. It’s your right to express your opinions freely.
Yes, they could say what they thought and then be outvoted. Now that, indeed, is democracy. But what if you can already see that the democratic procedure will produce a dictatorial result? For example, Mursi was democratically elected president. He then issued a decree that said no court could countermand anything he decides. Isn’t that democratic, at least in the broader sense? Well, no it isn’t.
The competing street demonstrations of regime supporters and anti-Islamist oppositionists have now coalesced around two slogans. Pro-Islamists chant: “The people want the implementation of God’s law.” The opposition chants: “The people want to bring down the regime.”
But this time, unlike 2011, it is the regime that enjoys the support of the armed forces and Western governments, being buttressed also with almost $10 billion in aid. “The people” aren’t going to bring down this regime and the new rulers are going to implement their interpretation of “God’s law.” That is the new meaning of democracy in Egypt.
I draw here from the analysis in the Egypt Independent newspaper. (For a BBC comparison of this with the previous Egyptian constitution, see here. And here’s the full text.) Keep in mind that neither the West nor Mursi knows for sure what will happen to the parliament already elected. The Islamists have 75 percent of the seats in that body (Muslim Brotherhood, 50 percent; Salafist party, 25 percent), but the high court has ruled the lower house’s election to have been unconstitutional. If this decision stands, new elections will be necessary next year. In the presidential election, the Brotherhood’s vote was only 52 percent.
While this lower vote could be due to extraneous factors–the abstention of many Salafist supporters for partisan reasons; some Islamists preferring someone other than Mursi in the first round presidential balloting and not switching to support him in the second–Mursi doesn’t know how well the Brotherhood will do if there is a new parliamentary election. Consequently, he needs to find a way to either overrule the court’s decision (hence, his decree letting him overturn what the judges say) or prepare for rule with a parliament less favorable to the Brotherhood. Hence, the constitutional provisions creating a strong presidency are very much in his interest and frighten the non-Islamist opposition.
–Islamic Sharia law is the main source of Egypt’s laws. While this has been in previous constitutions, the problem is interpreting how strictly Sharia will be interpreted and how widely it will be applied. What that passage means for Egypt is going to be a lot more significant under a Muslim Brotherhood government with major input from even more radical Salafists than it was under President Husni Mubarak’s relatively secular-style regime.
–A basic principle of the Constitution (Article 4) is to consult al-Azhar, the country’s influential Islamic university, on any issue when Sharia is concerned, which potentially means on every issue. That elevates al-Azhar above all other non-governmental institutions. Al-Azhar is not (yet?) in Muslim Brotherhood hands but its leaders, who know which way the wind blows, can be expected to back a tough interpretation of Sharia law.
– To further ensure that Egypt will be a Sharia state, another provision (Article 219) states that the principles of Sharia are to be found in the four Sunni schools of thought, ruling out any reformist possibilities.






“But this time, unlike 2011, it is the regime that enjoys the support of the armed forces and Western governments, being buttressed also with almost $10 billion in aid.”
Notice that in recent news, Israel’s plans to build in E1 near Jerusalem is raising alarms in Western capitals and worthy of the recall of the UK and French ambassadors, but the rapid dismantlement of the Egyptian democratic experiment and the screams of horror from the opposition does not affect the $10B in aid to shore up the regime.
would someone please explain why Israel supplies electricity to the West Bank & Gaza. How much electricity? Who pays for it? Saw that the PA owes $200 million. Why doesn’t shut it off if it’s such a losing proposition?
Israel does indeed provide the majority of Gaza’s power, though some is provided by Egypt or generated locally. The PA is *supposed* tp pay for that electricity, just as it’s supposed to pay for the fuel that powers Gaza’s own power plant. And for much of the medical treatment Israel provides. But being the deadbeats they are, they’re behind on their payments. Heck, they’re behind on payments to a “Palestinian” hospital in eastern Jerusalem! But the PA makes sure the “security prisoners” (aka terrorists) in Israeli jails get their “salary”, and that Fatah security personnel get paid. The money Israel won’t be passing on this month is reportedly going to pay some of those bills.
What’s curious is that between 1948 and 1967, Israel provided nothing to Gaza, then under Egyptian military administration. Not power, not fuel, not water or food or medical care. It was Israel after 1967 that constructed much of the infrastructure in Gaza – it’s roads, water, power and sewage lines, many of its schools and health facilities. Yet if Israel were today to cut them off, to return to what was the per-1967 norm, Israel would be vilified.
Oops! That should be “its roads”. Have to watch for faulty auto-correction.
Many people are absolutely sickened that Israel provides free electricity, water and lots of other stuff to Hamas-Gaza. It is TREASON to provide war supplies to the enemy. It is the RESPONSIBILITY of the vast Muslim world – 56 Muslim nations, 22 HUGE Arab Muslim countries to take care of the needs of Muslim Gaza. It is NOT the responsibility of war-victim little Israel.
Hamas Charter: Israel will exist and will continue to exist until Islam will obliterate it, just as it obliterated others before it”
Islam’s WAR AGAINST JEWS is part of global jihad against EVERY non-Muslim.
Aiding and abetting the enemies of EVERY non-Muslim must stop.
Barry, Shariah Law is blowing down many doors…its end goal being a restored Caliphate. Holy smokes!
The Islamist/Pyromaniac-in-Chief, in tandem with his surrogates – Hillary/Huma Abedin, Samantha Powers & a few others – are Allah bent on installing the Muslim Brotherhood Mafia all over the Mid East, beyond, and even within Washington’s power centers.
And to do so means instituting Shariah Law as the law of the land. Period.
In the same manner as one cannot be half pregnant, one can also not be half Islamic, at least when it comes to a Shariah based Constitution, which is the outgrowth of said power grabs!
So, those who will inanely/insanely state that this is no biggie, well, pardon this blogger for disagreeing. She knows her Islamic muck all to well – http://adinakutnicki.com/2012/08/09/barack-hussein-obamas-brave-new-world-second-amendment-pro-life-supporters-bear-watchinglabeling-islamists-not-so-much-commentary-by-adina-kutnicki/
And anyone who thinks that the Mid East is always a hellish pit, think again…the past will be seen as a picnic, in comparison to the hell fire about to be unleashed!
this is the link….http://adinakutnicki.com/2012/08/21/repeat-until-the-cows-come-home-there-is-no-moderate-islam-period-addendum-to-what-the-west-in-general-and-its-leaders-in-particular-know-about-islam-can-fill-less-than-a-thimble-m/
Such individuals who lack ulterior motive have traditionally been referred to in layman’s terms simply as a variation of a pyromaniac. Most such maniacs lack conscious motivation although they are fully aware of the acts they are failing to stop or they themselves are committing. Typically they will feel intense pleasure, gratification, or relief when causing destruction or when witnessing or participating in the aftermath. Motivation is also classified as pathological and non-pathological. Some research suggests that feeling such joy at horrific situation is pathological. Other research suggests that some motivation for this comes from rational thought. Taking joy in horrific situations for envisioned gains in political power and/or the concealment of the imposition of devious plans are examples of supposed rational decision making.
I must say in conclusion that history has repeatedly and harshly proven that elevating such a profoundly disturbed man to the highest office in any country is never a good idea. Unfortunately it is a lesson that must be learned first hand in every nation and some of those nations survive and some do not
But I thought that, according to the Director of National Intelligence James Clapper, the Muslim Brotherhood was by no means a threat and that they were mostly “secular?” You mean to tell me that the Director of National Intelligence (a contradiction in terms if ever I heard one) was wrong about the Muslim Brotherhood? Say it ain’t so.
The Obama administration has gotten NOTHING right regarding the “Arab Spring,” from the fiasco in Libya to the really dangerous situation that is now developing in Egypt. Yup, it sure was “great” of Obama and Clinton throwing Mubarak under that old bus, wasn’t it? So now instead of an arab dictator running Egypt who was friendly to both Israel and the United States and who was actively fighting al Qaeda, we now have a bunch radical Islamic fascists supporting Sharia Law in Egypt that hate Israel and the United States and support terrorist organizations like Hamas and al Qaeda. It’s amazing that with a track record like this Obama got re-elected to anything. The American people just are not paying attention to any of this. Therefore, it’s hard to feel sorry for ourselves when it all blows up in our faces. And it will, soon.
You were expecting? No, seriously, anybody who looked at the crowd in the background while the media was breathlessly instructing us proles on the virtues of the “Arab Spring” knew exactly who was going to wind up running the show. It’s like saying you didn’t know Barry was the Ivy League Huey Long.
Today’s Egypt Independent’s site says it all- everyone should see it- it speaks louder than words written. Totalitarianism of any dogma in general but totalitarianism with a fundamentalist islamic zeal in particular is very perilous. Egyptian Copts did not allow the Head of FJP’s ‘religious leadere’ to visit their ‘Coptic A-rchdiosese (? -like the Vatican). The Supreme Constitutional Court’s judges were not only barred from entering their building by MB supporters but they alleged that the police did not interfere- furthermore they received credible threats (on their lives) and Dec.1st,2012-legal advisor to FJP Gamal Tag Eddin warned the Supreme Constitutional Court on any verdict against Shura Council and Constituent Assembly would spell the end of the Court. Dec.2nd,2012 the SCC judges the Darkest Day in history of the Egyptian Judiciary throughout the ages.SCC Vice Pres. Tahari al-Gebali accused the police forces for not protecting Court’s employees or the judges (threats of court being burnt and judges assassinated). US/Obama adm. never perhaps learnt in school of Trojan Horse or Fairy Tales- The Big Bad Wolf or read Aessop’s Fables. MB and Nour Salafists are fundamentalist with the totalitarian credo- subjugating Egyptians under the cursed fate of retreading to Middle Ages in order to appease a bunch of totalitarian zealots with their ‘Sharia Laws- Religious Police- dissent not allowed (already the case of YouTube video clip of Muhammed with Death sentences in absentia)-saying a non-allowable word against MB/Morsy et al with lifelong penal servitude. New trials for Mubarak and the Generals-they already dismissed a lot of army people in upper brackets. Next in line house arrests for El Baredei and Amr Mussa et al. There is still time to reverse this Obama adm. fantasy for Egypt- for the sake of Egyptians living as normal life as they desire- not a life forced upon them by a totalitarian g’ment.
As written in Revelation, chapter 18, verse 10: “Standing afar off for the fear of her torment, saying, Alas, alas, that great city BABYLON that mighty city! for in one hour is they judgement come.” Then, concluded in verse 19:”for in one hour is she made desolate.” BYE! I don’t find anything difficult to understand &/or comprehend do you? Just saying, what is, is…
“Egypt’s New Constitution: Laying the Basis for an Islamist, Sharia State”
So what!
Todays generations are so conditioned to our nation building strategies they don’t have a clue how the world existed mostly in ‘relative” peace before nation building — well, except for the Europeans at times.
Well time for America to get out of the losing nation building strategy and let nations be to themselves to settle their internal desires and conflicts — unless they should decide to tread on us or any of our legitimate allies.
This is very true. Not only does the Petraeus COIN/”Islamic Nation Building” not work, but it has corrupted the thinking of many Americas with it’s utter nonsense.
Ok,so Egypt has chosen for an Islamic state (at least that is the proposal, we’ll see what the end result is). What does Mr. Rubin propose the US should have done differently? Backed Mubarek? This post is interesting as a description of what is being proposed in Egypt but offers little in terms of backward- or forward-looking policy for the US.
Remember the MSM and the Regime proclaiming during the Arab Spring,”This is what Democracy looks like” Be afraid for The Republic, our Republic, be very afraid. For this is Mob rule, it’s the Chicago Way.
Sharia, being based on the subjective, victim-blaming double-standards of us against them, and might-makes-right of the Qur’an, is CRIME, not “law.”
It condones and endorses all crimes.
In this way, it is exactly like “liberalsim:” pre-planned cowardice IS treason to rationality and civilization (and cowardice loves company; hence barbaric us-vs-them, and might makes right gangsterism):
‘Submission:’
Of course they will ______, because liberals (and all governments are statist gangsters) like moslems, believe in “everything goes” fatalism – “since every given crime’s going to happen anyway, we can’t deny it, so the best we can do, since have to allow it, is to accept, Submit to it, compromise with it and accommodate it! Whee!” (and this sort of nonsense defines all “sharia” crime, too)!
Naturally, when you agree to endorse crime, you must also automatically blame it’s victims.
(SHARIA). Might makes right; infidels, women, sheep and gays all had it coming to them anyway!
(“You can’t be an “Anti-” because that never works! We must all accept/Submit to CRIME!Whee!”) i.e: “If we don’t rush in first, then some other fools will beat us to it!”
It’s simple, cowardly, treasonous masochism: (which all liberals are afflicted by) – when they see something they fear, their immediate response is to Submit to it: “We have to let the violent criminals do what they want to us, or else they’ll do what they want to us anyway!”
In this way, they hope to avoid the fear of pain, by pre-emptively inflicting that pain on themselves (thus cancelling the auxiliary pain caused by the fear)! See?
And cowardice loves company: selling group-might-made-rights and divisive identity politics also automatically deprives all real human individual citizens of all their rights; this is the simple truth all liberals and moslems avoid by pretending to be unable to understand it.
And their cowardly and corrupt crime strategy is to use these tactics: the divide and conquer, (divisive) victimology-selling, corruption spewing tempters have always pretended people can have hope (of no pain) without fear (of pain), and rights without responsibilities.
But, by pretending they have a right not to fail, (i.e: a right to be irresponsible,) they take away everyone’s responsibility (and right) to succeed on their own! It encourages victim-blaming, infantile delinquency and dependance on a master – it creates slavery.
Dear Professor Rubin
As always, bulls eye!! You were and are one of the few that correctly analysed what is going on in Egypt and elsewhere in the middle east.
The man is a dictator of the worst kind. What people do not realise (including many insipid liberals with whom I do not associate) is that the “moderate” muslim brotherhood is part of a radicalisation continuum…a first step…towards salafism…and jihadism. This is a gestalt phenomena. Idiots that try to portray them as “moderates” do not know what they are talking about.
Hope you are well.
Best wishes
Liberal
ZEKE, (my nick is also Zeke, by the way)
Your comment is a fine expression of that time honored American foreign policy tradition: isolationism.
I agree with you that nation building is not a desirable or a feasible foreign policy objective for several reasons, the most important of which is, to quote Huntington, a clash or tension between political cultures. As it stands now, muslim political cultureS, even the most “moderate”, are incompatible with liberal democratic values.
Still, you should ask yourself if that was or is the real foreign policy objective of the US (nation building)??!!! I think not. It is a consequence of a policy but it is not the policy itself. Nations are motivated by interests, not by grand projects of democratization.
The decision to invade Iraq has a lot to do with the new-emerging geo strategic landscape. (China)
Use your imagination. China needs energy to become a super power. It was forced to go round the world looking for leftovers. As it should, of course.
In todays profoundly interdependent world ISOLATIONISM is simply NON SENSICAL.
For America to retain its hegemony, it must continue to be a global player. Hiding your head in the sand is not going to be fruitful.
Isolationism is the gravest threat to American supremacy and to the free world.
Without America the world is doomed.
is natural medicine really work?