There is a legitimate fear with the word Sharia, but the Muslim nations know only one law, the Sharia law, its the generic xerox of laws. In that light, I have no problem with the word, it simply means law to operate the society. However, we need to clarify those details.
My faith in the people who struggled for freedom in Tahrir Square is equally valid as the skeptics who do not see the sea change in a Muslim nation.
I believe the civility of a nation is determined by how it treats its weak, economically backward, the men and women in ditches, the voiceless, its women and the minorities. Thank God, the Egyptian constitution seems incredibly equitable subject to clarifications.
I will review this again, and ask all those who are concerned to critique it with the intention of perfecting it. Our own constitution took nearly 200 years to emancipate to the full meaning of the phrase that all men are equal. We are still not perfect; ask the Native Americans, Black Americans, Jews, Muslims, Hindus and the Latinoimmigrants if they feel all men are equal.
God bless Egypt and may God give them the courage to adopt this as their constitution with further refinements. May they lead the Muslim world from darkness of monarchies and dictatorships to the light of pluralistic society, a model provided by Prophet Muhammad (pbuh) but out of practice now.
The Preamble acknowledges the men and women who fought for their freedom in the Tahrir Square, and women to be treated as equal partners. The paragraph seven reads, “… and the rights and freedoms of all citizens shall be protected without discrimination”.
However, Article 6, states, “No political party shall be formed that discriminates on the basis of gender, origin or religion.” and article 5, “Sovereignty is for the people alone and they are the source of authority.” A clarification is needed.
Article 3 – “The canon principles of Egyptian Christians and Jews are the main source of legislation for their personal status laws, religious affairs, and the selection of their spiritual leaders.” Indeed, it is a reflection of the Madinah treaty; it’s a positive pluralistic Islamic revival. That is the Islam I have cherished and come to value.
Article 5 – “Sovereignty is for the people alone and they are the source of authority.”
Once upon a time, the Muslim world had set its eyes on Pakistan to play that leadership role, it failed miserably, dictators and fanatic extremists took over the nation and have made a hell hole for its minorities. That does not reflect the character of the Pakistani majority, everyone is aspiring for a Tahrir square to emerge in Pakistan and restore that nation into a Pluralistic democracy, that Jinnah, the father of that nation had envisioned.
Egypt Independent’s translation of the draft constitution will be updated throughout the day.
In the name of God and with the assistance of God, declare this to be Egypt’s Constitution and the document of the pioneering, peaceful revolution, which was started by Egypt’s promising youth, protected by the Armed Forces, championed by the patient Egyptians who gathered in Tahrir Square on 25 January 2011 to assert their rejection of all forms of injustice, oppression, tyranny, plunder and monopoly, to fully proclaim their rights to a decent life, to freedom, to social justice and human dignity — all rights granted by God before being prescribed in constitutions and universal declarations of human rights;
Sovereignty is for the people, the sole bearer of the right to set up the authorities, which derive their legitimacy from the people, are subject to the people’s control,are bound by the limits of their mandates and constitutional responsibilities, and are committed to protecting public funds, maintaining the State’s resources, and establishing the fundamentals of justice in the distribution thereof. The authorities shall uphold the principle that positions of public service amount to responsibilities and mandates, not to rights or privileges, and that their holders work to serve the interests of the citizens.
Democracy is the system of government established and expanding the grounds for peaceful transfer of power, supporting political pluralism, ensuring fair elections and the people’s contribution in the decision-making process.
The freedom of citizens shall be upheld in all aspects of life, freedom of opinion and expression, and freedom in housing, property and travel, out of full belief in such freedom as a divine principle laid down by the Creator in the motion of the universe. God has created humans free and gifted them with the highest degree of refinement, intelligence and wisdom.
Equality before the law and equal opportunities for all citizens, men and women, without discrimination or nepotism, especially in the areas of education, employment, political rights, and economic and social rights, prioritizing the advancement of social justice.
The rule of law is the basis of government. The freedom of individuals and the legitimacy of state authorities are ensured by the submission of the State and of individuals to the rule of law and the State’s commitment to the independence of the judiciary. The Egyptian judiciary shall carry out its mission in defending the constitution, upholding justice and protecting rights and freedoms.
Respect for the individual, the cornerstone of the nation, whose dignity is a natural extension of national pride. Further, there is no dignity for a country in which women are not honored. Women are the sisters of men and hold the fort of motherhood; they are half of society and partners in all national gains and responsibilities.
Upholding national unity is an obligation of state and society, for it forms the basis of stability and national cohesion, the cornerstone of building a modern Egypt and of the path to progress and development. To that end, the values of tolerance and moderation shall be spread, and the rights and freedoms of all citizens shall be protected without discrimination.
Defending the land is a duty and an honor in the service of which human resources and funds shall be mobilized. As the country’s protective shield, the Armed Forces have a special place in the minds of the Egyptian people. The Armed Forces form a professional and neutral national institution that does not interfere in political affairs. No other group is allowed to form military or paramilitary structures or engage in activities of military character.
Security is a great blessing. The role of security forces is to protect individuals and enforce the measures of justice. There can be no justice without protection, and no protection without security institutions capable of enforcing the state’s authority within a framework of respect for the rule of law and human dignity.
Peace based on justice for the whole world, political and social progress for all peoples. Independent national development can only occur when the creative potential of the Egyptian people is unleashed, recalling their contribution to the advancement of civilization, for themselves and for humanity as a whole.
Arab unity is a call of history and of the future, and a demand of destiny that can only materialize under the protection of an Arab nation capable of warding off any threat, regardless of its source and the pretexts supporting it. Such unity is to be reinforced through the integration and brotherhood with countries of the Nile Valley and of the Muslim world, both a natural extension borne out of the distinctiveness of Egypt’s position on the global map.
Emphasizing Egypt’s pioneering intellectual and cultural role in the whole world and in the region, embodied by a soft power which has brought forth, and still does, icons of Egyptian thought, art and creativity. Creative freedom and the safety of thinkers shall be ensured, and the state’s responsibility for the supporting institutions maintained: universities, science centers, linguistic and research centers, the press, the arts, literature and mass media, the national church and Al-Azhar, with its history as a mainstay of national identity, the Arabic language and Islamic Sharia, and as a beacon for moderate enlightened thought.
We, the people of Egypt,Out of faith in God and His heavenly messages,In recognition of the right of the country and the nation, With awareness of our responsibilities toward the nation and humanity, Pledge to stay committed to the principles laid out in this Preamble, which we hold to be an integral part of this Constitution that we accept and grant to ourselves, affirming our determination to uphold and defend it, and asserting that it shall be respected by all.
The Arab Republic of Egypt is an independent sovereign state, united and indivisible, its system democratic. The Egyptian people are part of the Arab and Islamic nations, proud of belonging to the Nile Valley and Africa and of its Asian reach, a positive participant in human civilization.
Islam is the religion of the state and Arabic its official language. Principles of Islamic Sharia are the principal source of legislation.
The canon principles of Egyptian Christians and Jews are the main source of legislation for their personal status laws, religious affairs, and the selection of their spiritual leaders.
Al-Azhar is an encompassing independent Islamic institution, with exclusive autonomy over its own affairs, responsible for preaching Islam, theology and the Arabic language in Egypt and the world. Al-Azhar Senior Scholars are to be consulted in matters pertaining to Islamic law.
Sovereignty is for the people alone and they are the source of authority. The people shall exercise and protect this sovereignty, and safeguard national unity in the manner specified in the Constitution.
The political system is based on the principles of democracy and shura (counsel), citizenship (under which all citizens are equal in rights and duties), multi-party pluralism, peaceful transfer of power, separation of powers and the balance between them, the rule of law, and respect for human rights and freedoms; all as elaborated in the Constitution.
Defense of the motherland and its soil is a sacred duty, and conscription is obligatory in accordance with the law.
The State guarantees the means to achieve justice, equality and freedom, and is committed to facilitating the channels of social charity and solidarity between the members of society, and to ensure the protection of persons and property, and to working toward providing for all citizens; all within the context of the law.
The State shall ensure safety, security and equal opportunities for all citizens without discrimination.
The family is the basis of the society and is founded on religion, morality and patriotism.
The State shall safeguard ethics, public morality and public order, and foster a high level of education and of religious and patriotic values, scientific thinking, Arab culture, and the historical and cultural heritage of the people; all as shall be regulated by law.
The State shall safeguard the cultural and linguistic constituents of society, and foster the Arabization of education, science and knowledge.
The institution of civil titles shall be prohibited.
National economy shall be organized in accordance with a comprehensive, constant development plan, ensuring the increase of national income, enhancement of standard of living, elimination of poverty and unemployment, increase of work opportunities, and increase of production.
Agriculture is an essential asset of the national economy. The State shall protect and increase farmland, work on the development of crop and plant varieties, develop and protect animal breeds and fisheries, achieve food security, provide the requirements of agricultural production, its good management and marketing, and support agricultural industries.
The State is committed to the development of the countryside and the desert, working to raise the standard of living of the farmers and the people of the desert.
Industry is an essential asset of the national economy. The State shall protect strategic industries, support industrial development, and import new technologies and their applications.
The natural resources of the State belong to the people, who have a right to their revenues. The State is committed to preserving such resources for future generations and putting them to good use.
All money with no owner belongs to the State.
The Nile River and water resources are a national wealth. The State is committed to maintaining and developing them, and preventing abuse. The use of such resources shall be regulated by law.
The State shall protect its coasts, seas, waterways and lakes, maintain monuments and nature reserves, and remove any encroachments.
The State guarantees and protects legitimate ownership of all kinds of public, cooperative and private property and endowments, as shall be regulated by law.
Public funds are inviolable. It is a national duty of the State and society to safeguard them.
The State shall support cooperatives in all forms and ensure their independence.
Private property is inviolable and has a function in the service of national economy without deviation or monopoly. The right of inheritance shall be safeguarded. Private property may not be placed under sequestration except in cases specified by law, and with a court order. Ownership of property may not be removed except in cases where the public good requires and with just compensation paid in advance.
The State is committed to reviving and encouraging the system of charitable endowments. The way an endowment is established, the management of its funds, their investment and the distribution of proceeds to the beneficiaries, shall all be regulated by law, according to the terms of the trustee.
Social justice is the foundation of taxation and other public finance duties.
Workers shall have a share of the management and profits of enterprises. They shall be committed in turn to the development of production, to protecting its means and to the implementation of plans in their production units, in accordance with the law.
Saving is encouraged and protected by the State. The State shall also safeguard insurance and pension funds, in accordance with legal regulations.
Nationalization shall not be allowed except for in consideration of public interest, in accordance with the law and against fair compensation.
Public sequestration of property shall be prohibited.
Dignity is the right of every human being, safeguarded by the State.
Egyptian nationality is a right, regulated by law.
All citizens are equal before the law. They have equal public rights and duties without discrimination.
Individual freedom is a natural right, safeguarded and inviolable.
Except in cases of flagrante delicto, no person may be arrested, inspected, detained or prevented from free movement except under a court order necessitated by investigations.
Any person arrested, detained or whose freedom is restricted in any way, shall be treated in a manner preserving human dignity. No physical or moral harm shall be inflicted upon that person.
Prison is a place of discipline and reform, subject to judicial supervision, where anything that is contrary to human dignity or a person’s health is prohibited.
The private life of citizens is inviolable. Postal correspondence, wires, electronic correspondence, telephone calls and other means of communication shall have their own sanctity and secrecy and may not be confiscated or monitored except by a causal judicial warrant.
Private homes are inviolable. With the exception of cases of immediate danger and distress, they may not be entered, searched or monitored, except in cases defined by law, and by a causal judicial warrant which specifies place, timing and purpose. Those in a home shall be alerted before the home is entered or searched.
All residents have a right to security which is safeguarded by the State, and are protected by law against criminal threats.
The sanctity of the human body is inviolable, and the trafficking of human organs prohibited. No person may be subjected to any medical or scientific experiment without free, documented consent, and in accordance with the established foundations of medical science, in the manner regulated by law.
Freedom of movement, residence and immigration shall be safeguarded.
Freedom of belief is an inviolable right.
Insult or abuse of all religious messengers and prophets shall be prohibited.
Freedom of thought and opinion shall be guaranteed.
Freedom of creativity in its various forms is the right of every citizen.
Access to information, data, documents and statistics, and the disclosure and circulation thereof, is a right guaranteed by the state, in a manner that does not violate the sanctity of private life or the rights of others, and that does not conflict with national security.
Freedom of the press, printing, publication and mass media shall be guaranteed. The media shall be free and independent to serve the community and to express the different trends in public opinion, and contribute to shaping and directing in accordance with the basic principles of the State and society, and to maintain rights, freedoms and public duties, respecting the sanctity of the private lives of citizens and the requirements of national security. The closure or confiscation of media outlets is prohibited except with a court order.
Freedom to publish and own newspapers of all kinds is a guaranteed subject of notification for every natural or juridical Egyptian person.
Citizens have the right to organize public meetings, processions and peaceful demonstrations, unarmed and based on the notification regulated by law.
Citizens have the right to establish associations and civil institutions, subject to notification only. Such institutions shall operate freely, and be deemed legal persons.
The freedom to form syndicates, unions and cooperatives is a right guaranteed by law. They shall be deemed legal persons, be formed on a democratic basis, operate freely, participate in the service of community service, raising the standard of productivity among their members, and safeguarding their assets.
Trade unions are regulated by law and managed on a democratic basis, the accountability of their members subject to professional codes of ethics. One trade union is allowed per profession.
Every individual has the right to address public authorities in writing and under his own signature.
Citizen participation in public life and a national duty: Every citizen shall have the right to vote, run for elections, and express opinions in referendums, according to the provisions of the law.
The State shall safeguard the interests of Egyptians living abroad, protect them and protect their rights and freedoms, help them perform their public duties toward the Egyptian State and society, and encourage their contribution to the development of the nation.
The right to political asylum shall be granted by the State to every foreigner deprived in their country of public rights and freedoms guaranteed by the Constitution.
High-quality education is a right guaranteed by the State for every citizen. It is free throughout its stages in all government institutions, obligatory in the primary stage, and the State shall work to extend obligation to other stages.
The State shall guarantee the freedom of scientific and literary research. The autonomy of universities, scientific and linguistic academies, and research centers shall be safeguarded; the State shall provide them with a sufficient percentage of the national revenue.
The Arabic language is a primary subject in all stages of education in all educational institutions.
The State shall develop a comprehensive plan to eradicate illiteracy across ages, for males and females, to be executed with social participation within 10 years from the date of the constitution.
Healthcare is a right of every citizen, and the State shall allocate a sufficient percentage of the national revenue.
Work is a right, duty and honor for every citizen, guaranteed by the State on the basis of the principles of equality, justice and equal opportunities.
With regards to the martyrs and the injured of wars, of the 25 January revolution, and of national duty, the State shall honor them and support their families, as well as war veterans and the injured, the families of those missing at war, and similar cases.
The State shall provide social insurance services.
The State shall provide an adequate pension for small-scale farmers, agricultural workers, casual workers, and all who do not have access to the social insurance system.
Adequate housing, clean water and healthy food are given rights.
Everyone has the right to play sports.
All individuals have the right to a healthy environment. The State shall safeguard the environment against pollution, and promote the use of natural resources in a manner that prevents damage to the environment and preserves the rights of future generations.
Every child, from the moment of birth, has the right to a proper name, family care, basic nutrition, shelter, health services, and religious, emotional and cognitive development.
The State shall provide care for children and youth; shall support their development spiritually, morally, culturally, educationally, physically, psychologically, socially and economically; and shall empower them for active political participation.
The State shall provide for people with disabilities health, economic and social care, and shall provide them with employment opportunities, raise social awareness toward them, and adapt public facilities to suit their needs.
All forms of oppression, exploitation and sex trafficking are prohibited and criminalized by law.
Sovereignty of the law shall be the basis of rule in the State.
The right to litigation is inalienable and guaranteed for all.
Penalty shall be personalized. There shall be no crime or penalty except by virtue of the law. No penalty shall be inflicted except by a judicial sentence. Penalty shall be inflicted only for acts committed subsequent to the promulgation of the law prescribing it.
No criminal action shall be made except under an order from a judiciary body, save for cases defined by law.
The right of defense in person or by proxy is guaranteed.
Sentences shall be issued and enforced in the name of the people. Abstention from or obstruction of enforcing such sentences on the part of the concerned civil servants is considered a crime punishable by law. In such case, a person issued a sentence in his favor shall have the right to lodge a direct criminal action before the competent court.
Any encroachment on any of the rights and freedoms guaranteed by the Constitution shall be considered a crime for which criminal and civil lawsuit shall not be forfeited by prescription. The State shall grant a fair compensation to the victim of such encroachment.
Rights and freedoms pertaining to the individual citizen shall not be subject to disruption or detraction.
The legislative power shall consist of the People’s Assembly and the Shura Council.
Membership of the People’s Assembly and the Shura Council may not be combined.
Save in exceptional cases defined by law, members of either the People’s Assembly or the Shura Council are to be fully devoted to their offices, with any other job or post kept open for their return, in accordance with the provisions of the law.
A Member of a Legislative House is unconditionally representative of the population as a whole.
Prior to the start of his or her tenure, a Member shall take the following oath before his or her Assembly or Council: “I swear by Almighty God to loyally uphold the republican system, to respect the Constitution and the law, to fully look after the interests of the people, and to safeguard the independence and territorial integrity of the motherland.”
The Court of Cassation shall have final jurisdiction over the validity of memberships in both Houses. Challenges shall be submitted to the court within a period not exceeding 30 days from the announcement of the final election results, and a verdict shall be passed within 60 days from the date of receipt of the challenge.
Throughout his or her tenure, no Member of a Legislative House may, in person of through an intermediary, purchase or rent any State property, lease or sell to or barter with the State any part of their own property, or conclude a contract with the State as vendor, supplier or contractor.
Members of the Legislative Houses shall not be held to account for any opinions pertaining to their tasks in the Assembly or Council.
It is prohibited, except in cases of flagrante delicto, to take criminal action against Members of the Legislative Houses without prior permission from their Assembly or Council. If not in session, permission must be granted by the Council Office, and the Assembly or Council notified at the first subsequent session of any measures taken.
Members shall receive a remuneration determined by the law.
The seats of both the People’s Assembly and the Shura Council are in Cairo.
The sessions of the People’s Assembly and the Shura Council shall be held in public.
The President of the Republic shall convoke the People’s Assembly and the Shura Council for their ordinary annual sessions before the first Thursday of October. If not convoked, the Councils are prescribed by the Constitution to meet on the said day.
When necessary, the People’s Assembly or the Shura Council may be called to an extraordinary meeting, by the President of the Republic, by the Cabinet, or upon a request signed by at least 10 Council or Assembly members.
The meeting of the Assembly or Council, and the resolutions they pass, shall not be considered valid unless attended by the majority of its members.
Each Council shall elect, in the first meeting of its regular annual session, a speaker and two deputy speakers for the full legislative term in the case of the People’s Assembly, and for half of the legislative term in the case of the Shura Council. If the seat of either becomes vacant, the Council or Assembly shall elect a replacement, whose term will last until the end of its predecessor’s.
If the presidency is temporarily assumed by the Speaker of the People’s Assembly or of the Shura Council, said Council shall be chaired by the older of the two Deputy Speakers.
Each Council shall lay down its own bylaws regulating its work and the manner of practicing its functions, to be published in the Official Gazette.
Each Council shall maintain its internal order, a responsibility assumed by each Council’s Speaker.
The President of the Republic, the Cabinet, and every member of the People’s Assembly shall have the right to propose laws.
Neither of the Legislative Houses may pass a bill without seeking consultation.
In case of legislative dispute between the two Councils, a joint committee of 20 members shall be formed, 10 selected by each Council from among its members and based on the nominations of its General Committee. The joint committee shall then propose the wording of the disputed clauses.
The People’s Assembly shall notify the President of the Republic of any law passed for the President to issue the new law within 15 days from the date of receiving it. In case the President objects to the draft law, it must be referred back to the Assembly within 30 days.
Every member of the People’s Assembly or Shura Council is entitled to address questions to the Prime Minister or any of his deputies or ministers concerning matters within their respective jurisdiction. They in turn shall be obliged to answer such questions.
Any Member of either Council may propose to the Prime Minister, one of his deputies or a minister the discussion of a public issue.
Any 20 members of the People’s Assembly, or 10 of the Shura Council, may request the discussion of a public issue to obtain clarification on the government’s policy in its regard.
Any Member of the People’s Assembly or the Shura Council has the right to obtain data or information pertaining to their own performance at the Council, taking into account the provisions of Article 47 of the Constitution.
Citizens may submit written proposals to either Council regarding public issues.
The Prime Minister, his deputies, ministers and their deputies may attend the sessions and committees of the Councils. Their attendance may be obligatory if requested by either Council. They may be assisted by high-ranking officials of their choice.
Each Council accepts the resignation of its members, which must be submitted in writing, and to be accepted must not be submitted after a Council has started measure of revoking membership against the resigning Member.
Membership of either Council may only be revoked if a Member has lost trust, status or any of the membership requirements that were prerequisites for their election, or if they have violated the duties of the membership.
If the seat of a member becomes vacant at least six months before the end of term, the vacant position must be filled in accordance with the law within sixty days from the date the vacancy is first reported.
The following Organizations endorse the constitution:
- World Muslim Congress – www.worldMuslimCongress.com