Highlights from Egypt's draft constitution

Published on NewsOK Modified: December 22, 2012 at 4:42 am •  Published: December 22, 2012
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CAIRO (AP) — 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 center 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.

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