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Rubin Reports

by Barry Rubin
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Egypt’s New Constitution: Laying the Basis for an Islamist, Sharia State

December 3rd, 2012 - 10:03 am

– The state must preserve the “genuine nature” of the Egyptian family and its moral values (Article 10) and has the power (Article 11) “to safeguard ethics” and morality. In other words, the government can do just about anything to determine how people should live and any aspect of their existence it chooses. This is repeated in other articles which limit rights to those that do not contradict what the state might not allow as unacceptable (Article 81) and lets the police arrest people for such crimes (Article 199).

– Islam, Christianity, and Judaism are the only legal religions in Egypt (Article 43). This is in accord with the general interpretation of Islamic law that only these three “people of the book” religions are legitimate. Of course, the face of Christian property will be in the hands of an Islamist government that is unlikely, for example, to approve the construction — or possibly even the renovation — of churches, again in accord with Sharia. Many of these things were also done by the Mubarak regime but one can expect an even tougher approach now.

–It is against the law to insult a prophet (Article 44). This might seem only to be a bother for those who would burn Korans or Bibles or make deliberately provocative videos. But it is important to remember that Islamists have charged that academic research has crossed this line, and also the novels of Naguib Mahfouz, Egypt’s Nobel Prize-winning author, as well as a tweet from the main backer of the leading non-Islamist party. Islamist groups will be able to bring law suits against anyone whose writing or statements or tweets they don’t like.

– Freedom of expression is limited (Article 48) by the principles of state and society, national security, and others things. That means that any television station or newspaper that says anything that can be deemed contrary to Sharia or Islamic morality as interpreted by a Muslim Brotherhood government can be shut down. A National Media Council (Article 215) will be responsible for preserving “societal principles and constructive values,” which presumably means it can order publications and television channels to be closed down.

– There can be only one trade union for each profession (Article 53). This has hidden implications since in the past the state has controlled the sole such organization in each area. In addition, though, suppose doctors, journalists, engineers, or members of other professions are tired of being in associations that are controlled by the Brotherhood. They cannot form their own separate groups.

– The president can force parliament to meet in secret rather than public session (Article 93). In that case, the legislators would have no say in the decision. This makes observers suspicious about how much the president will dominate parliament, since Egypt has been a country ruled by a single man for six decades in which parliament was a rubber stamp. In addition, anything critical of the regime can be kept secret.

– This concern is furthered by another provision (Article 104) only allowing parliament to overturn a presidential veto on laws by a two-thirds majority. This is, of course, also in the U.S. Constitution, but again Egypt is a country that has long seen a dictator who rules and a parliament which has no significant influence.

–There is no maximum number of members for parliament set (Article 114 and 128), raising suspicions that the president and the Brotherhood’s political party can add more people if needed to maintain control.

– If the lower house of Parliament does not approve the government platform set by the president (Article 139) he can dissolve it. Since members of parliament don’t like to be forced to run for reelection and possibly lose their seats, this pressures them to accept the president’s policies. This provision is also found in other parliamentary democracies, but again there are suspicions given Egypt’s history and the regime’s ideology.

– A provision intended to make the army accept Muslim Brotherhood rule (Article 197) establishes a National Defense Council, with a majority of officers, to set the military budget. This had been a major demand of the armed forces.  Another thing that will make the army happy (Article 198) lets civilians be tried by military courts for crimes that “harm” the armed forces.

– The president has the power to appoint the heads of many public institutions (Article 202).

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