by NTEB News Desk
Sharia Law rules the 'new' Egypt
CAIRO
(AP) -- Tens of thousands of protesters took the streets in Egypt
denouncing President Mohammed Morsi and a draft constitution that his
Islamist allies approved early Friday in a rushed, all-night session
without the participation of liberals and Christians.
Anger
at Morsi even spilled over into a mosque where the Islamist president
joined weekly Friday prayers. In his sermon, the mosque's preacher
compared Morsi to Islam's Prophet Muhammad, saying the prophet had
enjoyed vast powers as leader, giving a precedent for the same to happen
now.
"No to tyranny!" congregants chanted, interrupting the cleric. Morsi took to the podium and told the worshippers that he too objected to the language of the sheik and that one-man rule contradicts Islam.
Crowds
of protesters marched from several locations in Cairo, converging in
central Tahrir Square for what the opposition plans to be the second
massive rally in a week against Morsi. They chanted, "Constitution:
Void!" and "The people want to bring down the regime."
The
protests were sparked by the president's decrees a week ago granting
himself sweeping powers and neutralizing the judiciary, the last check
on his authority. The edicts tapped into a feeling among many Egyptians
that Morsi and the Muslim Brotherhood, from which he hails, are using
their election victories to monopolize power and set up a new one-party
state, nearly two years after the fall of autocrat Hosni Mubarak.
As
a result, Egypt has been thrown into its most polarizing and volatile
crisis since Mubarak's ouster. The past week, clashes between Morsi's
supporters and opponents left two dead and hundreds wounded and raised
fears of further chaos. The Brotherhood and other Islamists plan their
own massive rally backing Morsi on Saturday.
But
the sudden adoption of a draft constitution by an Islamist-dominated
assembly tasked with producing the document throws the confrontation
into a new phase.
The
opposition must now decide how to deal with a nationwide referendum on
the document, likely to come in mid-December: Boycott the vote to
protest what critics call a deeply flawed charter or try to use anger at
Morsi rally the public to reject it in the referendum.
The
draft constitution has an Islamist bent. It strengthens provisions that
set Islamic law as the basis of legislation, gives clerics a still
undefined role in ensuring laws meet Shariah and commits the state to
enforce morals and "the traditional family" in broad language that
rights activists fear could be used to severely limit many civil
liberties.
At
the same time, it installs new protections for Egyptians against some
abuses of the Mubarak era, such as stronger bans on torture and
arbitrary arrest. It weakens somewhat what had been the near total
powers of the presidency, giving parliament greater authorities.
Almost
all liberal and secular members of the assembly had quit in the past
weeks to protest what they called Islamists' hijacking of the drafting
process.
As
a result, 85 members - almost all Islamists, with no Christians -
participated in the session that began Thursday. The voting, which had
not been expected for another two months, was hastily moved up to
approve the draft before the Supreme Constitutional Court rules on
Sunday on whether to dissolve the controversial assembly.
Racing
against the clock, the members voted article by article for 16 hours on
the draft's more than 230 articles, passing them all by large margins.
The
rush resulted in a process that at times appeared slap-dash. Assembly
head Hossam al-Ghiryani doggedly pushed the members to finish.
When
one article received 16 objections, he pointed out that would require
postponing the vote 48 hours under the body's rules. "Now I'm taking the
vote again," he said, and all but four members dropped their
objections.
In
the session's final hours, several new articles were hastily written up
and swiftly voted on to resolve lingering issues. One significant
change would reduce the size of the Supreme Constitutional Court by
nearly a third to 11 judges, removing several younger, sharply
anti-Brotherhood judges.
The voting ended just after sunrise Friday, to a round of applause from the members.
"This
constitution represents the diversity of the Egyptian people. All
Egyptians, male and female, will find themselves in this constitution,"
Essam el-Erian, a representative of the Muslim Brotherhood, declared.
"We
will implement the work of this constitution to hold in high esteem
God's law, which was only ink on paper before, and to protect freedoms
that were not previously respected," he said.
But the opposition denounced the vote as a farce.
Speaking
on private Al-Nahar TV on Thursday, Egypt's top reform leader, Nobel
Peace laureate Mohamed ElBaradei predicted the document "will go to the
garbage bin of history."
Among the protesters in Tahrir on Friday, Salwa Mustafa said the constitution was "cooked up."
"It was very strange the way they voted. None of the 80 had objections, and if one of them did accidently open his mouth, al-Ghiryani is there to shut him up," said Mustafa, an engineer.
Her
daughter, Basma Mohieddin, marching with her, added, "We must not let
this charter reach the referendum cause you know that people are easily
fooled. We have to stop it right now and cancel it."
Speaking
in an interview on state TV aired late Thursday, Morsi said the
constitution's swift passage was necessary to get Egypt through a
transitional period in which there has been no elected lower house of
parliament. The courts dissolved the Brotherhood-led lower house elected
last winter.
"The
most important thing of this period is that we finish the constitution,
so that we have a parliament under the constitution, elected properly,
an independent judiciary, and a president who executes the law," Morsi
said.
Rights
group Amnesty International said Friday that the adopted text of the
constitution has provisions that purport to protect rights but instead
"mask new restrictions."
As in past constitutions, the new draft said the "principles of Islamic law" will be the basis of law.
Previously,
the term "principles" allowed wide leeway in interpreting Shariah. But
in the draft, a separate new article is added that seeks to define
"principles" by pointing to particular theological doctrines and their
rules. That could give Islamists the tool for insisting on stricter
implementation of rulings of Shariah.
Another
new article states that Egypt's most respected Islamic institution,
Al-Azhar, must be consulted on any matters related to Shariah, a measure
critics fear will lead to oversight of legislation by clerics.
The
draft also includes bans on "insulting or defaming all prophets and
messengers" or even "insulting humans" - broad language that analysts
warned could be used to crack down on many forms of speech.
The
draft says citizens are equal under the law but an article specifically
establishing women's equality was dropped because of disputes over the
phrasing.
One
article underlines that the state will protect "the true nature of the
Egyptian family ... and promote its morals and values." The phrasing
suggests the state could prevent anything deemed to undermine the
family.
"Women,
who were barely represented in the assembly, have the most to lose from
a constitution which ignores their aspirations, and blocks the path to
equality between men and women. It is appalling that virtually the only
references to women relate to the home and family," said Hassiba Hadj
Sahraoui, Amnesty's deputy director for the region.
The
draft also preserves much of military's immunity from parliamentary
scrutiny, putting its budget in the hands of the National Defense
Council, which includes the president, the heads of the two houses of
parliament and top generals.
The
committee has been plagued by controversy from the start. It was
created by the first parliament elected after Mubarak's ouster. But a
first permutation of the assembly, also Islamist-dominated, was
disbanded by the courts. A new one was created just before the lower
house of parliament, also Brotherhood-led, was dissolved by the
judiciary in June. source - AP
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