I am not an Islamist, but I am a Muslim. I do not belong to
the Muslim brotherhood, neither am I loyal to them, but I do not condemn all
Muslim brotherhood’s members. I am not a conservative with very restrictive and
narrow points of view serving my own personal agenda, neither am I a liberal
with loose and careless points of views serving my own personal agenda. I am
not against secularism as long as it does not infringe on the rights of others
and does not hurt others in the process of practicing its own affairs. I am a
Muslim and I love my Christian brethren (I spent a great part of my childhood
living in the midst of Christians in Upper Egypt).
I am not Christian; because I am Muslim and I believe in freedom of belief.
I am someone who suffered like any of you during the rule of whom I call 'The Three clowns', Nasser, Sadat and Mubarak who caused the country to hit rock-bottom.
I am someone who suffered like any of you during the rule of whom I call 'The Three clowns', Nasser, Sadat and Mubarak who caused the country to hit rock-bottom.
In a nutshell, I do not know why on earth what is currently
happening in Egypt is happening; a lack of trust, presence of a great deal of suspicion
and mistrust, ignorance, deception of certain elements of the nation who are
still loyal to their own personal agenda and to the old regimes that brought
the nation to its knees!
People, do not let apply on you what the poet, Al-Mutanabbi
said, “A Ghaytul-Illmi An Tuhiffu Shwaribakum…Ya Ummatan Dhahikat Min Jahliha
Al-Ummamu” – “Is the far reach of knowledge (in your minds) how
to trim your mustaches…What a nation whose ignorance other nations have ridiculed”.
Do not let apply on you what is said, “A nation that gather
together at the sounding of a horn, and disperse at the strike of a club”
People, stop making a mockery of yourself! Wake up and
ponder on what is happening around you worldwide; it is all interrelated.
Enemies are surrounding you, and the worst of all is your enemies within.
No matter what your problems and your sufferings are, though
they are the repercussions of the corrupt past, sit down and discuss your
affairs in a civilized way putting the interest of the nation up front, instead
of being asses kicking and injuring each other. Learn how to compromise for
the sake of achieving peace and harmony in every piece of mosaic of the
society, otherwise you will end up with a distorted image.
I have read the proposed constitution. I find it not
perfect, but far better than what you had before and does not deserve all the
havoc that is currently occurring. Do not listen to disloyal media (within and
without) that spout poison.
That said, here is a comparison between the 1971
constitution and the 2012 constitution…
1971
constitution (suspended)
|
2012 draft
constitution
|
| Identity of the state: "The Arab Republic of Egypt
is a democratic state based on citizenship.
The Egyptian people are part of the Arab Nation and work
for the realisation of its comprehensive unity."
|
Identity of the state: "The Arab
Republic of Egypt is an independent state with unified sovereignty that
cannot be divided. Its system is democratic. The Egyptian nation is a part of
the Arabic and Islamic nations (Umma). It is proud to belong to the Basin of
the Nile and Africa, as well as of its Asian
extensions."
|
Islam and Sharia (Islamic law): Article 2
says: "Islam is the religion of the state and Arabic is its official
language. The principles of Sharia are the main source of legislation."
|
Islam and Sharia: Article 2 stays as it
is, but Article 219 is new. It states: "The principles of Sharia include
general evidence and foundations, rules and jurisprudence as well as sources
accepted by doctrines of Sunni Islam and the majority of Muslim scholars."
|
Religious minorities: No article in the
old constitution.
|
Religious minorities: "The
principles of the legislations for Christian and Jewish Egyptians are the
main source of legislation that organises their civil status and religious
affairs."
|
Religion: "The state shall guarantee
the freedom of belief and the freedom of practice of religious rites."
|
Religion: Article 43 says: "The
state shall guarantee the freedom of faith and the freedom of practice of
religious rites and the right to establish worshipping places for monotheist
religions based on law"; Article 44 adds: "Insulting prophets and
messengers is forbidden"; but Article 45 states: "Freedom of
opinion and thought is guaranteed. Every person has the right to express his
opinion orally or in writing, pictures or other means of publication and
expression."
|
Al-Azhar: No mention of al-Azhar University
or its scholars was included in the 1971 constitution.
|
Al-Azhar: "Al-Azhar is an
independent and a comprehensive entity. It takes the task of preaching Islam
in Egypt
and in the whole world. Scholars of al-Azhar should be consulted in all
matters related to Sharia."
|
Democracy and Shura (consultation):
"The political system is based on pluralism."
|
Democracy and Shura (consultation): "The
political system is based on principles of democracy and on Shura."
|
Women: Article 10 says: "The state
shall guarantee the protection of motherhood and childhood, take care of
children and youth and provide suitable conditions for the development of
their talents"; Article 11 adds: "The state shall guarantee the proper
balance between the duties of women towards the family and their work in
society, considering their equal status with men in the fields of political,
social, cultural and economic life without violation of the rules of Islamic
jurisprudence."
|
Women: The new Article 10 says: "The state shall
provide motherhood and childhood services for free. It shall also guarantee
co-ordination between the duties of the woman and her public work. The state
shall provide protection and care for the divorced and widowed woman". Article 30 states that "citizens are equal before the law and equal in rights and obligations without discrimination", but there is no explicit guarantee of women's rights. |
Rights and freedoms: The chapter of
rights and freedoms included 24 articles.
|
Rights and freedoms: The new constitution includes 51
articles on personal rights, political and moral rights, economic and social
rights, guarantees for protecting rights and freedoms.
The new Article 73 says: "Enforced employment,
slavery and sex trade are deemed acts punishable by law." The draft does
not not include a clear ban on human trafficking or an obligation to adhere
to international rights treaties.
|
Military: No article in the old
constitution.
|
Military: "It is not allowed to try
civilians before military tribunals unless in cases for crimes that damage
the armed forces."
|
Media: No article in the old constitution.
|
Media: Article 48 states: "Media
organisations cannot be suspended, closed or their assets be confiscated
unless there is a judicial decree"; Article 49 adds: "Notification
only is required to launch and own newspapers."
|
Judiciary: No article in the old
constitution.
|
Judiciary: "The Supreme Constitutional Court is formed
of a president and 10 members." It currently has a president and 18
members.
|
Presidential mandate: "The mandate
of the president is six years, starting from the results of the elections;
the president can be re-elected for an unlimited number of new terms."
|
Presidential mandate: "The mandate
of the president is four years starting from the results of the elections;
the president can only be re-elected for a second term, not more."
Political ban on the former ruling National
Democratic Party (NDP): Article 232 says: "Leaders of the
dissolved NDP are banned from all political activities, or from running for
presidential or legislative elections for 10 years, from the day when this constitution
is adopted in a referendum. Those who are considered 'leaders' are all
members of the general secretariat of the NDP, members of the political
bureau, political committee, and MPs during the last two legislative sessions
pre-revolution."
|
Constitutions, whatever they are,
are not sacred, neither are they written on a stone. They can be amended any
time. They are road-maps for nations; traffic lights to guide. Therefore their
nature tends to be general not specific. Hence a constitution corpus always
comes thinner than law corpus, because law contains both ‘General’ and ‘Specific’;
nature of legislation.
EXAMPLE: “Thou shall not kill” is
a general command (law/article), but should not stop there because there are
specific cases like ‘Self-Defense). Killing is killing; self-defense or not,
but killing in self-defense is justified for one defending himself. The general
“Thou shall not kill” is stated up front first to highlight that ‘Killing’ in
itself is abhorred and should not be the rule, but ‘Not-Killing’ should, then comes ‘unless’
it is in case of ‘Self-Defense’
It is said, “Morsi is Islamist
and is influenced by the Muslim brotherhood”. The term ‘Islamist’ is a Western
misleading term forged to serve the West’s own propaganda and schemes. So,
people, please do not parrot Western media terms before understanding these
terms and the Western motives behind forging them.
From afar, I have been keeping an
eye on Morsi, and I find that most of what is said against him is far from
the truth. He might seem to be what the people fear him to become; another
Pharaoh, but you should understand that you are right now going through a
transitional period, and he does not want the revolution to be ransacked buy
thugs, fat cats of old regime, neoliberals and corrupt judges. People, find the
real motives behind the action without giving ear to some misleading media,
foreign interferences and those who put their personal agenda before the
interest of the nation.


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