Mursi’s honeyed electoral rhetoric is unable to bridge the chasm of distrust that divides the Islamists and the non-Islamists. How can Egyptians believe Mursi when the documents released by the MB—the group to which he belongs and which claims his loyalty, and whose principles and strategies he endorses—conflict with what he says. Major among the MB documents is the “Draft Constitution” they issued, which abounds with fundamentalist notions that conflict with the principles of the 25 January 2011 Revolution, the principles of citizenship rights, and the moderate authentic Egyptian culture. I here cite excerpts of that constitution.
General provisions:
• Article 1: The Islamic doctrine is the basis of the State. There can be nothing in the State structure, apparatus, control, or anything that has to do with it that is not based on Islam. The Islamic doctrine is at the same time the basis of the constitution and the laws so that none may be enacted unless it emanates from the Islamic doctrine.
• Article 2: The head of the State takes up certain sharia rules which he enacts constitutionally and legally. Once he endorses a sharia rule it becomes alone the legitimate rule to be implemented and it gains the force of law to be obeyed by all the subjects literally and in essence.
• Article 7: The Arabic language is alone the language of Islam and is alone the language used by the State.
• Article 10: Spreading the Islamic daawa (call) is the original function of the State.
The system of governance:
• Article 17: No one may undertake the rule or any work that pertains to ruling unless he is a free, just man, and he may be only Muslim.
• Article 19: Muslims have the right to establish political parties to take the rulers to account, or to rule through the umma (nation) provided it is founded on the Islamic doctrine and embraces sharia rules. The establishment of parties quires no licence. Any coalition based on other than Islam is banned.
• Article 20: The system of rule is based on the four principles: sovereignty is for sharia not the people; authority is for the umma; inaugurating the head of the State is a fardh (religious duty) for Muslims; the head of State alone has the right to take up sharia rules, since it is he who enacts the constitution and all the laws.
The shura (consultative) council:
• Article 26: Shura (consultation) is a right for Muslims exclusively; non-Muslims have no right to shura. Expressing opinion, however, is possible for all subjects, Muslims and non-Muslims.
The head of State:
• Article 29: The head of State acts on behalf of the nation in authority and implementing sharia.
• Article 31: Every adult rational Muslim, be it man or woman, has the right to elect the head of State and to baiaa (pledge of allegiance). Non-Muslims have no such right.
• Article 39: The umma installs the head of State but has no right to depose him if he was installed according to asharia baiaa.
• Article 40: The head of the State is the State; he possesses all the competencies of the State.
• Article 43: There is no specific term for the head of State. As long as he preserves sharia and implements its rules, and as long as he is capable of running the affairs of the State, he remains at its head, unless he undergoes some change which removes him from heading the State.
The Assistants:
• Article 47: The same conditions that apply to the head of State apply to his assistant; he should be a free Muslim man, a rational just adult. He must also be from among the competent people in whichever task he is assigned to do.
The administrative apparatus:
• Article 55: anyone who undertakes the executive administration should be Muslim since he belongs to the retinue of the head of State.
The wali(governors or administrators):
• Article 62: The walis are appointed by the head of State, and the workers are appointed by the head of State or the walis if authorised to do so. The conditions that apply to the assistants also apply to the walis and the workers: they have to be free, adult, rational, just Muslim men; they have to be competent at the tasks they are assigned to do; and should be chosen from among the righteous, powerful men.
The judiciary:
• Article 71: Whoever assumes the judiciary should be a free, adult, just Muslim; a discerning fiqih (legal expert) as far as applying rules to the actual situations.
• Article 78: There are no courts of appeals; a case is resolved in one step. If a judge issues a ruling no other judge whatsoever may revoke it.
The army:
• Article 90: Jihad is a fardh for all Muslims, and training to be a soldier is compulsory. Every Muslim man 15 years old must train to be a soldier in preparation for jihad.
The social system:
• Article 100: A woman is originally a mother and a housewife; she is a [man’s] honour that must be protected.
• Article 101: Originally, men and women ought to be segregated and ought not to meet except for a need sanctioned by sharia, such as trade; or a gathering approved by it such as hajj
• Article 104: It is not allowed for women to rule. A woman cannot be a head of State or a judge in a court that looks into injustices, nor can she be a wali or a worker. Nor is she to assume any work that pertains to ruling.
• Article 110: Custody of children is the duty of a woman and her right, be she Muslim or non-Muslim, as long as the child needs this care. Once the child outgrows this care the case is reconsidered. If the [woman] caregiver and the [male] guardian are both Muslims, the child is given the choice of who of them it wishes to join, be it the man or the woman, and whether the child is male or female. If one of them is non-Muslim, however, the child is given no choice but must join the Muslim person.
The economic system:
• Article 115: Private property is of three types: individual property, public property, and State property.
• Article 130: Amassing wealth is banned, even if zakat (Islamic alms tax) is paid for it.
• Article 131:Zakatis collected from Muslims…
• Article132: Jizya (tax paid by non-Muslims under Muslim rule) is collected from dhimmis (non-Muslims subjects under Muslim rule; they neither have the same rights or duties as Muslims).
• Article 134: Taxes are collected from Muslims according to stipulations by sharia to cover the expenses of Beit al-Mal(The house of funds) …No tax whatsoever is taken from non-Muslims; no money is collected from them other than the jizya.
• Article 154: The State issues a currency of its own; it is independent and not linked to any foreign currency.
• Article 156: Banks are strictly banned. The only bank is the State bank; it does not deal in usury and is a constituency of the Beit al-Mal.
The education policy
• Article 158: The basis of the education system is the Islamic doctrine. The curricula and teaching methodology should all be instated so as to ensure that education never departs from that basis.
• Article 159: The education policy is the shaping of an Islamic mentality and an Islamic consciousness. All topics to be taught should be established upon this basis.
• Article 160: The aim of education is to originate the Islamic character and to provide people with the knowledge and sciences related to life affairs. All education methods should be made to achieve this purpose; all methods that lead otherwise are banned.
• Article 162: Islamic culture should be taught in all stages of education. Higher education should include the various branches of Islamic knowledge just as it is concerned with the sciences of medicine, engineering, physics, and suchlike.
Foreign policy:
• Article 171: No individual, party, coalition, or group is allowed to have any relation with any foreign country whatsoever. Relations with other countries are the exclusive domain of the State which is alone in charge of caring for the pragmatic affairs of the umma.
• Article 173: Political manoeuvring is necessary in foreign policy; its strength lies in making deeds public and concealing the purposes.
• Article 175: Revealing the greatness of Islamic notions in the care for individuals, nations, and States, is among the greatest political methods.
• Article 177: Islam is the axis around which foreign policy revolves, and upon which the relation between the State and all other States is built.
• Article 178: The relation between the State and other States in the world is based on four considerations:
First: States within the Islamic World are considered as in one country. They are not included among foreign relations, and their subjects are not foreigners but have the same rights as any of the [home] subjects as long as their home is Dar al-Islam(The House of Islam). If their home is Dar Kufr (House of Apostasy), they are considered as foreign subjects.
Second: The States with which we have economic, trade, cultural, or good neighbour treaties, are treated according to these treaties. Relations with them should be limited and should not be fortified.
Third: The States with which we have no treaties, and the imperialist countries such as England, America, or France, as well as the countries which covet our lands such as Russia, are ruled to be countries at war with us. All precautions should be taken when dealing with them, and no diplomatic relations may be held with them.
Fourth: In case of countries which are actually at war with us, such as Israel, the state of war should be the basis on which all actions are taken. All their subjects should be banned from entering the country, and the blood [life] and wealth of the non-Muslims among them are lawfully ours.
• Article 182: The State is not to join any [international] organisation that is based on a principle other than Islam, or which applies rules other than Islamic rules. Among these are the United Nations, the International Court of Justice, the International Monetary Fund, and the World Bank.
If anything, this constitution exposes the concealed intentions to bring down the foundations of the Egyptian State, and proves we stand before the momentous challenge of choosing between the Islamist and the civil State.
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WATANI International – 10 June 2012. http://www.wataninet.com/watani_Article_Details.aspx?A=27900