Published December 12, 2012
CAIRO – Egypt's draft constitution, set for a referendum on Dec. 15 and 22, 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." The draft adds, "The principles of Islamic Sharia include general evidence, foundational rules, rules of jurisprudence, and credible sources..." which critics say opens the door for legislation allowing imposition of strict Islamic law. Countering that is a vague article that reads, "Freedom of belief is an inviolable right. . The State shall guarantee the freedom to practice religious rites and to establish places of worship for the divine religions, as regulated by law."
— Role of clerics
The draft gives Islamic clerics unprecedented powers in this article: "Al-Azhar Senior Scholars are to be consulted in matters pertaining to Islamic law," referring to the most respected center of scholarship and rulings in Sunni Islam.
— 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 enable the reconciliation between the duties of a woman toward her family and her work." Critics charge the draft fails to protect women from discrimination, but the preamble states, "?Equality and equal opportunities are established for all citizens, men and women, without discrimination or nepotism or preferential treatment, in both rights and duties."
— Civil rights
The draft contains language referring to public morals and values, implying that Islamic law would be the determining factor. An article forbids limiting the basic rights of individuals but adds that they "must be practiced in a manner not conflicting with" principles of religious law. 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 practices of Islam, Christianity and Judaism, raising concerns of persecution of smaller sects. It also allows religious practices on condition that they do not "violate public order."
The president is the head of the national security council, but the defense minister is the commander in chief of the armed forces and "appointed from among its officers." That ensures the military an independent position. Control of the military budget is not mentioned.