Shariah Law Rules &
Paedophilia legalised in Egypt’s New Constitution
By Assad Elepty (Expat Egyptian Copt)
Immediately after Mubarak was deposed, the prohibition barring the Muslim Brotherhood from participating in politics was lifted. The Brotherhood immediately commenced their acts of deception, they dropped their decades old slogan “ISLAM IS THE SOLUTION” and formed the “FJP” freedom & Justice Party. On face value it appeared a positive move, in reality it was a crafted cunning act of deception, the Islamists definition of FREEDOM & JUSTICE is strictly limited to SHARIAH laws. In essence, their stance is, “we only respect those freedoms and exercise Justice according to Shariah law” not “western style democracy of Freedom and Justice”.
The recent “constitutional declaration” by Egyptian president Morsi has resulted in disgust and uproar in Egyptian society. The new president has put himself above the Law bestowing “ALLAH status upon himself”. Morsi has seized control of all three branches of the government: Executive, Legislative and Judicial, replicating dictators throughout history.
Egyptians reacted with outrage, the 2nd revolution has commenced with massive protests; hundreds of thousands filled major squares in Cairo and other cities. Leftist, liberal, and independent groups called for Friday protests to reject this so-called “constitutional declaration.”
Morsi has cornered himself, he asserts he does not respect the decisions of the Supreme Constitutional Court and has barred them from ruling on the validity of the constitutional panel. His dilemma is he now conveniently chooses to distrust and reject the current legal system of the country, opening the door for the people to likewise disregard the results of the elections which brought him to power, as they were declared by the very same legal system and courts.
In Alexandria On Saturday 1/12/2012 Morsi’s decision resulted in wide-spread violence, Salafist youth and MB members attacked secular and liberal protestors in running street battles. Morsi has been roundly condemned; the Muslim Brotherhood offices across the nation have been raided and in many cases set on fire.
For the first time in Egyptian history, the judges of the Court of Appeals went on strike in defiance of the new dictatorial declaration. Members of the Muslim Brotherhood have defended the president’s decision by resorting to a level of violence resulting in over 500 serious injuries and at least 4 people dead.
The election results that brought the MB president to power belies the reality that only 45% of eligible voters participated in the elections and most Egyptians are now turning against both Morsi and the Muslim Brotherhood.
The FJP and Morsi have failed to prevent the economic collapse of Egypt, unemployment and poverty are spiralling, tourists are avoiding Egypt like the plaque, women are routinely sexually assaulted & harassed, Islamists have formed out vigilant mobs to enforce their vision of SHARIAH law and minority Christians have been routinely attacked.
Given Morsi won the latest elections with only a very slight majority (51%), many that voted for him now regret their decisions declaring they have been betrayed, conned and deceived. In light of the exposure & decline of the MB image after Morsi came to power, it is inconceivable to imagine the likely outcome if the elections were to be repeated.
The Majority of the population has turned against Morsi and the MB, many Egyptians totally reject Morsi, the Islamist agenda and the new constitution which is not in the spirit of the revolution that took so many young lives.
The Islamist authors of the new constitution are trumpeting they have left Item 2 of the new constitution just as it was under Mubarak so that the free world will believe they have left untouched everything that deals with the role of Sharia in creating laws.
However, they are going to great lengths to hide the fact that Item 219[i] redefines Sharia in such a way that, if implemented, will thrust Egypt back to medieval times, completely cut off from modern civilization.
Unlike the former constitution-which respects international agreements regarding the rights of Women and Children–the new constitution provides no minimum age limit for marriage, effectively legalizing pedophilia on a grand scale.
Under the vision of the devout brotherhood and salafists Egyptian Muslim men can marry nine-year-old girls legally in accordance with traditionally accepted Sharia Law. The new Islamist constitution has legalized pedophilia.
Further, clear prohibitions against slavery in the former constitution have been removed. In fact, slavery is a Sharia-approved Islamic principle, and it can now be legally reinstituted possessing a threat to the minority non-muslims.
Additionally, the draft does not include a clear ban on human trafficking or an obligation to adhere to international rights treaties.
It seems the nostalgic dream of Sharia Law is very different for many Egyptians than the rather ugly reality. The thought that Egypt could become another Sudan, Saudi Arabia, Iran, Taliban, or northern Mali has shocked the Egyptian people who forced Mubarak to step down. Revolt against the Islamists has become a matter of life and death for Egyptians.
The MB fully realize that their hold on power is fragile, the only way to hang on was to give Morsi complete control so he can prevent any legal action against himself or the committee that is writing the new constitution. They are aware if they fail now to institute their agenda through a legal constitution they are very unlikely to get another chance. The fall of the Muslim Brotherhood in Egypt will have major ramifications on their off shoots around the world.
Secular and liberal opposition to the Islamists has united them against the common enemy. But their failure to offer any concession to the role of the Military in the new Egypt will likely make them hesitant to intervene in the current turmoil.
Moving forward, liberals and secularists are awaiting the Supreme Constitutional Court of Egypt issuing a statement warning President Morsi that he has 48 hours to recant his declaration, or he will face impeachment for breaking his oath to respect the law and the current Egyptian constitution.
Secondly the US Obama administration needs to inform president Morsi in no uncertain terms that he should not expect any support from the US if he insists on undermining the rule of law that he promised to uphold.
Thirdly the international community MUST hold Morsi responsible for any loss of life that results from his refusal to recant his illegal declaration.
[i]Article 219 is new. It states: “The principles of Sharia include general evidence and foundations, rules and jurisprudence as well as sources accepted by doctrines of Sunni Islam and the majority of Muslim scholars.”
Pillay says Egyptian Presidential declaration conflicts with international obligations
GENEVA (30 November 2012) – The UN High Commissioner for Human Rights Navi Pillay has urged the President of Egypt, Mohamed Morsi, to reconsider the Constitutional Declaration issued last week, saying a number of measures contained in it are incompatible with international human rights law. She further warned that approving a constitution in these circumstances could be a deeply divisive move.
Pillay welcomed the efforts to reach out to the judiciary and political parties, but said they were “not yet sufficient” to prevent Egypt reneging on binding principles laid down in the two overarching international human rights treaties – the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights — which Egypt ratified in 1982.
“The three slogans of the Egyptian Revolution, were liberty, freedom and social justice,” she said Friday. “These same principles underlie all international human rights law, including both Covenants. In order for them to be achieved, there need to be prompt, effective and impartial investigations, truth-seeking processes, judicial accountability mechanisms, and reparation programmes, as well as a strengthening of institutional reform and guaranteeing of non-recurrence of the violations that were rampant during the Mubarak era.”
In a letter addressed to the Egyptian President on Tuesday, the High Commissioner noted the efforts made so far, since the successful May-June elections, “in combating human rights violations, countering impunity and ensuring transparency and accountability at all levels.”
She outlined the areas where the Constitutional Declaration opens the door to violations of the International Covenant on Civil and Political Rights, in particular the right to effective remedy, access to justice as well as the guarantees for the independence of the judiciary.
• Article I of the Constitutional Declaration, provides for the re-trial of ‘anyone who held a political or executive position under the former regime.’
“I understand the need to address past human rights violations and the public dissatisfaction,” Pillay said, but pointed out that Article 14, paragraph 7 of the Covenant stipulates that ‘no one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.’
• Article II of the Constitutional Declaration prohibits any legal challenge to any ‘previous constitutional declarations, laws, and decrees made by the president since he took office on 30 June 2012, until the constitution is approved and a new People’s Assembly is elected.’
“In my view, this provision contravenes the fundamental notion of the rule of law by placing the President’s actions outside judicial scrutiny, and not permitting any legal challenge, irrespective of its substance,” Pillay said. “This encroachment on the role of the judiciary in a democratic society is inconsistent with Article 14, paragraph 1 of the Covenant that guarantees the independence of the judiciary.”
• Article II of the Constitutional Declaration also annuls all lawsuits presently before the courts relating to ‘previous constitutional declarations, laws, and decrees made by the president since he took office on 30 June 2012.’
“Denying access to the courts to those who may wish to legally challenge presidential actions is contrary to Article 2, paragraph 3 of the Covenant,” Pillay said, noting that paragraph 3 stipulates that a State Party to the Covenant ‘undertakes to ensure that any person, whose rights or freedoms as herein recognized are violated, shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity.’
• Article V of the Constitutional Declaration states that ‘no judicial body can dissolve the Shura Council or the Constituent Assembly.’
“This is incompatible with the principle of the independence of the judiciary, as well as with Article 2 of the Covenant, which affirms the right to an effective remedy including in the context of elections,” Pillay said.
The High Commissioner also commented on concerns about the composition of the Constituent Assembly, noting that “Any proper constitution-making process must include adequate representation of the full political spectrum, men and women, minorities, and civil society, which was not seen to be the case with this Constituent Assembly.”
She expressed concerns about the unfolding events in Egypt and warned against taking divisive measures such as adopting a Constitution that may lead to further escalation and tension.
In her letter to the President, Pillay stressed that she fully understood the difficult challenges the Egyptian President is facing, but urged him to reconsider the Declaration so that the various problems it was designed to address can be confronted by measures that are “in conformity with international human rights principles.”
“It is within the legal prerogatives and political responsibility of President Morsi to address these concerns in conformity with international human rights principles,” she said