Highlights from Egypt's draft constitution
Draft defines principles of Shariah law
The Associated Press
Posted: Dec 22, 2012 6:23 AM ET
Last Updated: Dec 22, 2012 6:32 AM ET
An elderly man shows his inked finger after casting his vote on the second round of referendum voting Saturday in Fayoum, 100 kilometres south of Cairo. (Khalil Hamra/Associated Press)
Egypt's draft constitution, which is being voted on in a referendum Saturday, is made up of an introduction, an 11-part preamble and 236 articles. Critics have raised concerns over issues including Islamic law and women's rights:
Shariah (Islamic) law
Like a previous constitution, the draft states, "Principles of Islamic Shariah are the principal source of legislation." For the first time, the draft defines those principles, rooting them in "general evidence, foundational rules" and other rules from the long tradition of Islamic jurisprudence. Both critics and ultraconservative supporters of the charter say that opens the doors for stricter imposition of Islamic law.
Role of clerics
The draft gives Islamic clerics unprecedented powers with an article stating, "Al-Azhar senior scholars are to be consulted in matters pertaining to Islamic law," referring to the most respected centre of scholarship and rulings in Sunni Islam.
Morals
An article commits "the state and society" to "entrenching and protecting the moral values" of "the authentic Egyptian family." Critics worry the broad phrasing will allow not only the government but also individuals to intervene in personal rights.
Women's rights
The draft mentions women in the framework of the traditional Muslim family, adding, "The state shall ensure maternal and child health services free of charge and ensure reconciliation between the duties of a woman toward her family and her work." The preamble underlines equality "for all citizens, men and women, without discrimination or nepotism or preferential treatment, in both rights and duties." But opponents charge that the document does not protect women from discrimination.
Civil rights
The draft guarantees freedom of expression, creativity, assembly and other rights. It also has a direct ban on torture and stricter provisions limiting detentions and searches by police. But it says the rights "must be practiced in a manner not conflicting with" principles of Shariah or the morals of the family. There is also a ban on insulting "religious messengers and prophets," opening the door to arrests of bloggers and other activists.
News media
Independent publications closed for a day to protest the lack of an article banning arrest of journalists for what they write. The draft has this: "Freedom of the press, printing, publication and mass media shall be guaranteed. The media shall be free and independent..."
Religious minorities
The draft guarantees the freedom of Christians and Jews to practice their rites, live by their religions' rule on marriage, inheritance and personal status and establish places of worship. But it hedges those rights on the condition they do not "violate public order" and that they will be "regulated by law." In the past, the building of churches has been limited by law because of claims it disturbs public order. The draft guarantees those rights for "the divine religions," meaning Christianity and Judaism, but not others, raising concerns of persecution of smaller sects.
Military
The charter ensures an independent status for the powerful military. The president is the head of the national security council, but the defence minister is the commander in chief of the armed forces and "appointed from among its officers." Control of the military budget is not mentioned. It also allows civilians to be tried before military courts in some cases.
Share Tools
Top News Headlines
- Deadly Oklahoma tornado confirmed as most powerful type
- Emergency workers neared the end of their search Tuesday afternoon for survivors in Moore, Okla., following a deadly tornado that weather officials said was now classified among the most powerful type of twister. more »
- Children driven around too much, Canadian report suggests
- Fewer Canadian kids are commuting by walking or biking as a new report reveals a marked decline among young people using active modes of transportation. more »
- Senate set to debate expense audits amid greater scrutiny
- The Senate will debate its own committee's reports into living expenses claimed by three senators Tuesday night in a session that could see Senator Mike Duffy's claims sent back for a second audit. more »
- 'Speculation' in Bosma death unfair to accused, says lawyer
- "Speculation" surrounding the accused, Dellen Millard, in the case of Timothy Bosma's death is unfairly poisoning the suspect's image, his lawyer said Tuesday. more »
Must Watch
Latest World News Headlines
- Baseball fuels dreams, desperation in Dominican Republic
- The Toronto Blue Jays have a number of stars from the Dominican Republic, but in the shadow of these successful players is an equally important story about the deaths of young players and a country desperately struggling to balance hope and poverty. more »
- Keith Boag: Have you heard about the murderous abortion doctor?
- The gruesome trial and murder conviction of Philadelphia abortion provider Dr. Kermit Gosnell is unlikely to change American abortion law, Keith Boag writes. But it has U.S. journalists questioning their priorities and how they cover such a sensitive issue. more »
- Apple CEO Tim Cook grilled on Irish tax scandal
- The world's most valuable company, Apple Inc., employs a group of affiliate companies located in Ireland to avoid paying billions of dollars in U.S. income taxes, a Senate investigation has found — and its CEO will be questioned Tuesday. more »
- Top figures barred from Iran's presidential election
- Iran's election overseers removed potential wildcard candidates from the presidential race Tuesday, blocking a top aide of outgoing President Mahmoud Ahmadinejad and a former president who revived hopes of reformers. more »
The National
The Current
- The morning after the Oklahoma tornado May. 21, 2013 4:17 PM The rescue efforts and aftermath of yesterday's devastating tornado in Moore, Oklahoma.
- Deadly Oklahoma tornado confirmed as most powerful type
- 'Very upset' Harper wants fast Senate spending reform
- Microsoft unveils Xbox One
- Schoolchildren describe Oklahoma tornado terror
- Microsoft's Xbox revamp: Is the sun setting on game consoles?
- Mountie sues 13 ex-colleagues for sex assault, harassment
- Dellen Millard farm still under police watch
- Edmonton driver, 62, charged in boy's patio death
- Jodi Arias asks jury to spare her life

