Monday, December 10, 2012

EGYPT: All demonstrators...a piece of advice.


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.

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.

MOR TO READ: Egypt: Who holds the power? Though the title is misleading to some extend.

 

 

 

 Beware!

 

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