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News Flash: A First Look at Egypt's New Constitution Shows a Careful Ambiguity On Islamic Rule


See also: Barry Rubin, “Natural Gas Exports Are a Key to Israel’s Future Success," Globes, ”http://www.globes.co.il/news/article.aspx?fbdid=1000764078 [Hebrew].

By Barry Rubin

Although it isn’t official, the first two articles of Egypt’s new Constitution have been reportedly drafted by the committee of parliamentarians charged with that task. Article 1 defines Egypt as part of the Arab and Muslim nation, a compromise between acceptance of the country as a normal nation-state and its identity as either a purely Arab nationalist or Islamist entity.

Similarly, Article 2, according to Mohamed Emara, head of the committee responsible for drafting this section, says:

“Islam is the religion of the state, and Arabic is its official language, and the principles of Islamic Sharia are the main source for legislation. Christians and Jews shall resort to legislation derived from their own religions.”

There is some ambiguity here as to whether Egypt would thus be a Sharia state. On one hand, Islamic law is not made the sole source of legislation, while the word “principles” might mean that the interpretation will be loose, principles and not all of the details. Bourhamy says that this merely shows that Egypt isn’t a secular state.

On the other hand, though, both the Muslim Brotherhood and the Salafis accepted this formulation. Since they want a Sharia state this implies they don't feel that phrasing blocks their goal. Moreover, the meaning of those “principles” will be defined not by the courts but by the al-Azhar mosque university.  While the leaders of that institution are more moderate than the Brotherhood and Salafis, presumably President Muhammad al-Mursi will replace them at some point with his own people.

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