By Khaled Diab
Despite its democratic aspirations, Egypt's draft constitution excludes millions of Egyptians from enjoying full citizenship.
Monday 29 October 2012
Congratulations to all conservative, middle-aged male Muslims in Egypt. According to the draft constitution, you qualify as the model Egyptian “citizen”, and the state will be there for you all the way to uphold your rights and defend your freedoms.
However, if you happen to be a woman, a Christian, a follower of a non-Abrahamic faith or an atheist, or simply young, then Egypt's contradictory constitution – which attempts but fails to strike a balance between secular liberal and conservative religious forces – leaves you vulnerable to the whims and wiles of the powers that be.
The document reflects the raging battle for the soul of Egypt between conservative Islamic and liberal revolutionary forces.
This is nowhere more apparent than in the constitution's attitude to a full half of the population – women. Article 68 (one of the most hotly debated) begins promisingly by informing us that “the state will do everything to promote equality between women and men”, before delivering the sting in its tail, “without abandoning the judgments of Islamic law”.
The state will also patronisingly help women to “strike a balance between their family duties and their work in society”. So, the constitution is basically telling Egyptian women they are “equal” to men, as long as they obey their husbands or fathers and accept their secondary religious status.
In other respects, the new constitution contains numerous articles that, at first sight, are music to the ears of advocates of democracy and individual freedom. Article 1 tells us that Egypt is governed by a “democratic regime” which, according to article 6, is founded on “consultation, equal citizenship … pluralism [and] respect for human rights”. Other articles guarantee equality for all – regardless of gender, race or faith – and recognise personal freedom as a “natural right” and the right of everyone to a sense of “human dignity”.
Freedom of thought and expression is also safeguarded, and journalists, who have faced decades of draconian restrictions, should, in theory at least, rejoice at the constitution's protection of their right to pursue their profession freely and to set up media outlets, with the only stipulation being that they notify the authorities.
Unfortunately, however, a lot of what the constitution giveth, it promptly taketh away.
Though the constitution guarantees freedom of belief, albeit only for Abrahamic religions, article 2 describes Islam as the “state's religion” and vaguely refers to the “principles of shari'a” as the primary source of legislation. This is a ticking time bomb for Christians, whose current marginalisation could become open persecution if this stipulation is exploited to the full by radical Islamists.
Fortunately, the demand by some Islamists that Islamic law should be the sole source of legislation did not make it into the constitution, though the current statement that it is the “primary” source leaves the door ajar both to the modern reinterpretation of Islamic jurisprudence and to the continued reliance on other, secular sources of legislation.
Nevertheless, no matter how liberally shari'a is interpreted, there is an essential tension between Islamic and modern, liberal secular law – at least in the mainstream view of it. This is eloquently expressed in other parts of the constitution. For instance, article 38 prohibits attacks on and affronts to “the prophets” – essentially an anti-blasphemy measure.
While for many pious Egyptians this will appear to be an even-handed way of protecting the sanctity of not just Islam but every religion, it conflicts with the principles of free expression the constitution claims to uphold. For instance, if I, as an agnostic atheist, express my heartfelt conviction that the Qur'an was authored by Muhammad or another human hand, and that the devil, who does not exist, had no hand in the “satanic verses“, will the state defend my freedom of expression or prosecute me for insulting the prophet?
Even among the religious, there is a wide spectrum relating to what is regarded as “insulting” to people's essential beliefs. In fact, as I've pointed out before, the very presence of Judaism, Christianity and Islam can be regarded as a tripartite insult, since each exists because it believes the others contain falsehoods.
This was dramatically demonstrated by the Egyptian Islamist preacher Abu Islam Ahmed Abdullah who, taking a scorched leaf out Pastor Terry Jones's book, recently set fire to a Bible.
Defending himself against legal charges that his action was insulting to Egyptian Christians, he claimed – rather offensively – that “There is no such thing as the Bible or the Torah, there is only the Qur'an.” This sounds remarkably similar to Pastor Jones – who is apparently running for president of the United States – attitudes to the Qur'an.
In a free country, and in a state that does not wish to turn wackos into martyrs, both Abu Islam and Terry Jones should be left to express their burning hatred, as long as they do not actually hurt or call for the hurting of others.
Even more troubling are the parts of the constitution that transform the state into a sort of Big (Muslim) Brother. Article 10 empowers the government to “safeguard and protect morality and public decency” and to “maintain a refined level of upbringing, religious and nationalist values and scientific facts”, while article 69 tasks the authorities with overseeing, among other things, “the spiritual, moral and cultural development” of young people.
This is not only a paternalistic insult to the generation that taught Egyptians the value of their dignity and freedom, it also raises the thorny question of whose morality. And what should happen to those youth who do not wish to live by the conservative Islamic morality that the authors almost certainly intended?
And the powers of this religious nanny state do not end there. Describing the family as the “cornerstone of society”, article 9 grants the state the power to preserve the “authentic nature of the Egyptian family … protecting its traditions and moral values”.
My personal experience of Egyptian families is that they possess thousands of different “traditions and moral values” – so which will the state enforce and does it have the right or power to impose its own vision?
And what will the state do to families that refuse to abide by its vision? “Re-educate” them? Take their children into its care? This is a truly scary prospect. For instance, my wife and I are raising our child without religion and have decided to let him choose whichever system of beliefs suits him once he is old enough.
If we move back to Egypt, will the state preserve our “natural right” to personal freedom and our constitutional right to human dignity or will it try to force us to raise our child as a “decent Muslim”?
The inherent contradictions in Egypt's draft constitution, if it ever enters into force, will leave it wide open to individual interpretation and so Egypt's future as a progressive, enlightened and tolerant state rests in the ability of liberal, secular, pluralistic forces to seize the upper hand from the Islamists.
This is the extended version of an article which first appeared in The Guardian's Comment is Free on 23 October 2012.