The noise inside the meetings of the Constituent Assembly and outside goes on. It is truly a difficult birth for the new Constitution of post-dictatorship Egypt. It is a struggle for the soul of the January 25 Revolution. That soul is basically whether Egypt shall be secular, Islamist or a combination of both. I am betting on the third alternative. And nearly 90 million Egyptians are watching very closely. So is the rest of the Arab world and beyond.
What is the problem? Who are the actors? Which articles have emerged from the Assembly's Drafting Committee only to be opposed by the Governance Committee? And who will arbitrate between the factions and under what authority? Could the judiciary step in?
These questions would have never arisen if the popular parliamentary elections in which 70% of the huge electorate of 53 million did not produce an Islamist majority of 70%. But they did, and 70% of the parliamentary seats were gobbled up by the Islamist parties with 50% for the Muslim Brotherhood, and 20% for the Salafis.
The heart of the battle is Article 2 which is being copied from the old Constitution of 1971. It refers to "the principals" of Sharia being the principle source of legislation. The Islamists, especially the Salafis, are opposed, since the term "principles" is ill defined. Dr. Issam Dirbalah, the President of The Shura of Al-Jamaah Al-Islamia expressed on October 25 his opposition in these words: "It is obligatory to provide a clear definition of that term and then place it in a separate article."
Confronting that call of Dr. Dirbalah, the independent Cairo daily "Al-Sabah," delegitimated the entire Constituent Assembly. Its executive editor, Wael Lotfi said: "History shall remember that that Assembly has no legitimacy, either constitutionally, or politically, or morally...It consists of a small group of Muslim Brothers and their allies."
In response, the Editor-in-Chief of "Freedom and Justice," the mouthpiece of the Muslim Brotherhood party countered: "Our national duty enjoins us to urge our brothers who constitute the liberal and leftist currents to apologize to the Egyptian people for their attempts to impede the building of the State's institutions."
In spite of its centrality to the warring factions, Article 2 is not the only subject of contention. There are of course the articles dealing with the President's powers and prerogatives, the rights of minorities especially the Copts, gender equality, the independence of the judiciary and broad civic and individual rights. All these articles are now thrown for a historic public debate in the streets of the new Egypt, before the final text is brought before the entire electorate for approval in a referendum.
This is the first time ever in the very long history of Egypt to have the public at large debate its national charter, its Constitution. It is also the first time that one hundred and one civic society organizations call for the incorporation into the yet-to-be approved Constitution of an article dealing with the role of civil society in the drafting of the new Constitution. Athenian form of democracy being practiced in Egypt across the Mediterranean from Greece!!
But the secularists resorted to what amounts to an overreach. They instituted a case before the Administrative Law court challenging the legality of the institution and composition of the Constituent Assembly. The court issued a ruling referring the case to a higher court, the Supreme Constitutional Court. Well, this is the very court whose judges were hand-picked by Mubarak. But strange things happens in any revolution or transitional period in any State in post World War II.
The referral of that case to a higher court was seen by the Islamists as a victory - a victory through delay. The Assembly now could rush its work towards completion before the Supreme Constitutional Court would be ready to dispose of that historic case. This is although the Constituent Assembly is still grappling with the draft articles dealing with several important issues, such as Article 36 which guarantees gender equality. This formulation is inherited from the Sadat-era Constitution of 1971. Even the Salafis are content with that Constitutional inheritance because the article ends with words to the effect that equality should be observed in a way not contradicting to Islamic Law. The secularists want these words removed.
The issues do not just end there. There are supplementary articles dealing with the rights of women, the child and the family - the family being the core of society. Emphasis is made on mutual observance of the rights and obligations of a husband and a wife towards one another.
These are matters of crucial importance to the new Egypt and beyond. Problems surrounding that birth abound. Perhaps a Caeserian might be needed!! One thing is certain: In about two months from now, the Egyptians will see the birth of a new dawn through a new text of their new Constitution.
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