How odd that the tolerance we constantly hear that Islam manifests is somehow always misunderstood and not applied in Sharia states. Islamic Tolerance Alert from the Islamic Republic of Iran. “Iran puts five Christians on trial for their faith,” by Lisa Daftari for FoxNews.com, March 11: Five Iranian Christian converts… read more

Sharia in action in Iran: Ahmadinejad under fire for hugging woman at Chavez funeral
The mullahs are fine with his genocidal threats against Israel, but hug a woman? That’s going too far!
“Bitter-‘sweet embrace’: Ahmadinejad slated for hugging Chavez’s relative,” fromal Arabiya, March 10 (thanks to all who sent this in):
Iranian President Mahmoud Ahmadinejad is under the spotlight once again for another controversial move.But this move is much “softer” than nuclear war games or the occasional lashing out at Israel or America.
This time, it’s a hug.
Ahmadinejad came under heavy criticism after a picture on Friday showed him embracing a woman at the funeral of Venezuelan President Hugo Chavez, according to the website of the Iranian parliament reported.
While the identity of the woman who received Ahmadinejad’s apparent act of sympathy was at first unclear, the woman appeared to be Chavez’s mother Elena Frias, according to AFP news agency.
Most of those who criticized the embrace are Iranian conservatives who staunchly supported the president during the Iranian presidential elections held in June 2008.
Iranian MP Mohammed Dehghan said, in an implicit reference to Ahmadinejad, that such an act by a prominent executive official opposes the behavior of a Muslim who is constrained by religious commitments.
Dehghan also criticized the “perverted group” - a term used by Supreme Leader of Iran Ali Khamenei’s supporters to describe the circle close to Ahmadinejad - warning of the wide spread of this group in Iran.
‘Un-Islamic’
He also called on religious scholars to seriously confront Ahmadinejad’s “un-Islamic” acts.
Former MP Hojatoleslam Mohammed Taghi Rahbar, who supported Ahmadinjed during the previous presidential elections, said the president lost control over the situation during the funeral of Chavez.
The Iranian president has previously sparked the conservatives’ outrage after he announced a national day of mourning following the death of Chavez. The move was described as “an illegal precedent.”
Prominent Shiite religious figures have called on Ahmadinejad to be better knowledgeable on his religion. They have also called on him to avoid making statements relevant to religion during the rest of his presidential term, which ends in August, to prevent stirring domestic tensions.
In his eulogy of Chavez, Ahmadinejad said the former “will come again along with Jesus Christ and Al-Imam al-Mahdi to redeem mankind.”
The statement sparked further criticism as some Iranian clerics accused Ahmadinejad of committing a sin by saying that “Chavez’s soul will return and that he will come again after the appearance of the (Hidden) Imam.”
Well, certainly there is nothing in Islamic eschatology about Jesus and the Imam Mahdi being accompanied by a Venezuelan dictator.
Iran cut off access to virtual private networks, or VPNs, that some people use to get around the government’s strict control of the internet. It could be another step toward implementing an entirely domestic internet in Iran.
Former Iranian Official: The Countdown To Attacking Israel Has Begun – ‘With Hopes Of Completely Eradicating [It] From The Planet’
In response to reports on a January 29, 2013 Israeli attack in Syria, Ali Reza Forghani, a supporter of Iranian Supreme Leader Ali Khamenei and former governor of Kish province, published an article titled “Countdown to an Attack on Israel,” calling on Tehran and Syria to take this golden opportunity for a retaliatory strike against Israel that will destroy it once and for all.
In the article, which was published on regime websites,[1] Forghani stated that the war in Syria today is merely the prelude to a nuclear third world war between the “Axis,” led by the U.S., and the “Allies,” led by Iran, that will bring about the end of humanity.
This is not Forghani’s first call to destroy Israel. In a February 4, 2012 article titled “Iran Must Attack Israel by 2014,” he claimed that doing so was a religious obligation, and that Iran was capable of annihilating Israel in under nine minutes.[2]
Previously, on June 10, 2012, a number of regime websites[3] published an article by Forghani in which he called on the Islamic world to assert its right to possess nuclear weapons in order to create a balance of terror with its enemies. He wrote: “Since according to the fatwa of Imam Khomeini all Islamic countries are considered Islamic blood, the Islamic world must awaken from its hibernation and must disturb the sleep of America and Israel, and must shout, ‘An an atomic bomb is our right!’
“Yes,” he continued, “nuclear weapons are a right – and if this right did not exist, Israel would have been destroyed forever 30 years ago… Nuclear weapons are necessary to prevent America from doing whatever it wants. In accordance with the words of Imam Khamenei [sic] ‘As we are attacked, so shall we respond,’ there is a need for a swift response on the atomic-bomb level. Atomic bomb now!”

Ali Reza Forghani[4]
Following is the translation of Forghani’s January 29, 2013:
“Iran Will Rush To The Aid Of Any Country That Attacks Israel And Ends Israel’s Story Once And For All”
“Israel has been warned that the ‘Allies’ in the Syria war will consider it [responsible] for any kind of foreign attack on Syria. Any form of attack on Syria will bring about a devastating attack on Israel. Based on this stated policy, Iran will rush to the aid of any country that attacks Israel and ends Israel’s story once and for all (with Allah’s help).
“This analysis is not aimed at comparing World War II with the war in Syria, but at using several well-known terms already familiar to our readers.
“The new ‘Axis’ includes Israel, America, France, Qatar, Turkey, and Saudi Arabia – countries which, according to the Roberto Pact (Rome, Berlin, Tokyo) can be defined as Axis countries in the Syria war. These countries are the aggressors, and they will strike the first blow.
“Israel is the coordinating center for the Axis countries which opposeSyria. [These] countries consider the current ruling circle in Syria to be depriving and harming their interests in the region. One example of this claim is the position taken by the U.S. following the Israeli attack on Syrian soil, [as expressed by] U.S. Deputy National Security Advisor Ben Rhodes. [He said:] ‘Syria should not further destabilize the region by transferring weaponry to Hizbullah.’
”Sergei Lavrov (the Russian foreign minister) has acknowledged that the attempt to depose the Assad regime, and change the regime, is part of a greater political game in the region – the ultimate target of which is Iran… In any case, as stated, Iran is the final target of the Axis machinations in the Syria war. The popular revolutions in the region… have an Islamic fragrance and tint; that is why only by destroying Iran can there be a spark of hope that these revolutions that imitate Islamic Iran will not spread to all corners of the earth.
“Of course, the Allies in the Syria war perceive Israel’s existence in the region in the same way – that is, that it conflicts with the existence of several governments and ideologies [in the region – i.e. those of Iran, Syria, and Hizbullah]. So, attacking and completely eradicating Israel from the planet is the only solution to this problem. If this problem isn’t resolved with this golden opportunity, it is not known when there may be another.
“The new Allies are Iran, Russia, Syria, and the Lebanese Hizbullah – countries that, much like the Allies in World War II, are defensive and will deliver the second strike. That is, they will defend [themselves] only after being attacked. These countries can be abbreviated as ‘Risl’ (Russia, Iran, Syria, Lebanon).
“One of the main differences between the Syria war and World War II is the number of major countries involved on both sides. In World War II, the Axis countries – the aggressor and invading countries – were the minority, and the Allies, the victims, were the majority.
“In the Syria war, it’s the reverse. The only victims are Syria and Iran, and just a few countries will come to their aid. But the stubborn rebellious countries that can no longer tolerate the policy inspired by Islamic Iran and Syria’s serving as a bridge between Iran and Hizbullah are more numerous. Even though there are fewer than 10 Axis countries in the Syria war, most of the neutral countries will repeatedly provide them with material and moral support.”
“[Then] World War III Will Erupt… And That Game Will Have No Winners… Once The War Escalates, The Threat Of [Nuclear] Weapons… Will Make The Other Side Launch A Nuclear War”
“Another important difference between World War II and the Syria war that will eventually lead to World War III, is the playing field. Unlike World War II, the Syria war began in a single country; the invading players [intend for it] to end in a second country, Iran.
“But the two wars are also similar: The Allies, with Iran at their center, will shift the game outside these two countries, so that the main game will begin [when] all the countries complying with the Axis interests, with America at their center, are targeted.
“[Then] World War III will erupt… and that game will have no winners. Both sides will lose, because some countries on both sides have nuclear weapons. Once the war escalates, the threat of these weapons… will make the other side launch a nuclear war.
“So nothing can be expected but the destruction of all humanity. But even before nuclear weapons are used, World War III could cost more than five times as many lives as World War II – some 260 million.”
Countdown To An Attack On Israel
“No sane researcher has yet managed to justify Israel’s desperate experiment in attacking Syria on its soil from the air… and we must thank Israel’s senior commanders… for providing Syria, and of course Iran, with this golden opportunity to attack Israel.
“A group of Allied commandos must be dispatched to Syria via [the Syrian port city of] Tartus to completely expel the terrorists [i.e. the rebels] from Syria, in order to [achieve] absolute security stability there. Naturally, after that we must equip and upgrade the Syrian forces for the final blow against Israel, [a blow that will continue] until it is totally destroyed. We must in no way repeat the mistake of the Gaza [war] – accepting a ceasefire.
“It was a mistake to accept the ceasefire with Israel during the Gaza [war]. I repeatedly said that Gaza must not do so, and that the Iranian statesmen shouldn’t have attempted to draw up a ceasefire. Accepting the ceasefire meant [granting] Israel new life, while the Israelis and their false governmentmust not be [allowed] to breathe.
“The Israelis must have no rest, no tranquility. In the recent Gaza-Israel war, some 20 Israelis were killed and over 90 were wounded. Without this shameful event [i.e. Gaza’s agreement to a] ceasefire, there would have been more than 100 Israelis dead and thousands wounded. The Israelis would have lost their nerve, and would have left the occupied territories. Instead of planning an attack in Syria, Israel’s false government would have had a crisis of survival on its hands.”
The Doctrine Of Preemptive Attack According To The View Of The Shi’ite Imam Ali – “With Hopes Of Completely Eradicating Israel From The Planet”
“Because the Allied countries in the Syria war are Muslim, they must read Sermon No. 27 in [the book] Nahj Al-Balaghah [a collection of sermons attributed to the Shi’ite Imam Ali] to the Muslim statesmen and nations – not only out of courtesy, but because implementing [what it says] will ensure the security and happiness of the Muslim nations.
“[In this sermon,] Ali said: ‘…I called on you to fight your enemies – by day and by night, in secret and in the open. I said: Attack them before they fight you. I swear by God, every nation that is attacked on its own soil will be humiliated. But you [who heeded me not] have become weak, and your lot has been misery, and therefore the enemy has attacked you again and again, and conquered your lands… I swear by God, this reality in which the enemies are united in their lies and you are divided in your truth, sorrows and breaks the human heart. They attack you, and you do not attack them. They fight you, and you do not fight them. Such sins towards God satisfy your will. I swear by God that you are fleeing the sword.’
“I have several times declared my positive view of apreemptive attack on Israel – but now that Israel has officially attacked Syrian territory, there remains no excuse for not [waging] a total multipartite attack on Israeli soil, with hopes of completely eradicating Israel from the planet (Allah willing).”
[1 For example: Mashreq, Farda News, Raja News, Jahan News, Asr-e Iran (Iran), February 16, 2013; Serat News (Iran), February 17, 2013.
[2] See MEMRI Inquiry & Analysis No. 793, In Response To Escalating Threats Between West And Iran, Iranian Official Calls On Regime To Attack Israel, February 7, 2012.
[3] For example: Fars, Jahan News, Bultan News (Iran), June 10, 2012; Asr-e Iran (Iran), June 11, 2012; Jaam News (Iran), June 9, 2012.
[4] Alireza-forghani.blogfa.com.
While the world was quasi-agog last week over images of Google (NASDAQ:GOOG) chairman Eric Schmidt watching students at Kim Jong Il University utilizing his company’s search engine, it’s a safe bet they won’t be networking with potential employers after graduation.
A small slice of North Korean society may be permitted to access the Internet in limited ways (according to analysts, only a thousand or so of North Korea’s 25 million people can get online; the best most can do is view the country’s walled — and heavily restricted — intranet, where state-sponsored news is available). Expats living in-country (a small number of diplomats, NGO workers, and a tiny sprinkling of brave businesspeople; a 2005 census reported 124 foreign nationals residing in Pyongyang, a city of 2.1 million) are, however, able to get online via satellite — though even they face restrictions.
“LinkedIn (NYSE:LNKD) blocked me when I listed my North Korean address — and I was not the only one,” Felix Abt, a Swiss entrepreneur who spent seven years living and doing business in North Korea, tells me.
Abt, co-founder of the Pyongyang Business School, former managing director of the Pyongsu Joint Venture Company, North Korea’s first-ever foreign-invested pharmaceutical enterprise, and author of the new book, A Capitalist in North Korea (Amazon Publishing Services, 2012), was unceremoniously booted from the site in 2009.
“Maybe LinkedIn’s legal department thought it was too risky or something,” Abt, now living — and working — in Nha Trang, Vietnam, says. “I don’t know.”
In fact, “as a matter of corporate policy,” LinkedIn does not allow “member accounts or access to our site from Cuba, Iran, North Korea, Sudan, or Syria” under the conditions of international sanctions imposed by the US Treasury Department’s Office of Foreign Assets Control. (LinkedIn is not alone; other major tech names such as Google, Yahoo (NASDAQ:YHOO), Microsoft (NASDAQ:MSFT), and Oracle (NASDAQ:ORCL) among others, also restrict access to their products from sanctioned countries, though one wonders if Eric Schmidt notified Google’s legal department that its products are being utilized at Kim Il Sung University.)
Abt’s book offers an extraordinary first-hand account of life in a place where it is almost impossible for outsiders to know what is actually happening on the ground. He could travel without being accompanied by official government minders, and (obviously) had daily contact with his North Korean staff at PyongSu — who impressed Abt as budding capitalists in a rigidly communist system.
“At the beginning, we had philosophical differences about how a business should be run,” Abt tells me. “The North Koreans were used to the socialist way of running a business. I was raised in a market economy.”
Abt’s first obstacle? Marketing.
“I explained that without it, we could never sell what we produce,” Abt tells me. “They would say, ‘No, no, in our country, nobody does that.’ Finally, I said, ‘Okay, let’s start manufacturing and see what happens.’ And nothing happened.”
With a warehouse full of product and no customers, Abt says his employees “started realizing, ‘Maybe he’s right.’”
“When it turned out that I knew what I was talking about, they started agreeing with me,” Abt continues. “Eventually, my staff started suggesting doing ‘Another advertising campaign, and another advertising campaign,’ and that was pretty amazing in itself.”
A Hermetically-Sealed Country? Not Quite.
A popular Western trope is that North Koreans are a robotic, brainwashed populace with little to no understanding of the outside world. Abt says this not true.
“I regularly took my staff to China for business, so they saw what was going on,” he explains. “I brought them to supermarkets, to restaurants; some went to the dentist or the doctor and saw how well-equipped, how well-organized, how competitive they had become — but also how expensive they were.”
Abt educated his employees on the finer points of consumerism before landing in China, describing them as “perhaps a little vulnerable.”
“The shop assistants can be very competitive and aggressive and the North Koreans are not used to this,” Abt says. “So I taught them, ‘Okay, they will set the price very high for you at the beginning, offer them half. When they say ‘no,’ walk away, they’ll call you back and go down a bit, and so forth.’ I must say, these guys learn fast.”
According to Abt, details of these experiences were quickly shared with other North Koreans via Pyongyang’s “bush telephone.”
“Of course they had to make reports to the authorities and security officials when they got home,” Abt tells me, “but they also showed their photos with friends and family. People communicate a lot; you read all these horrible stories and think the people are all afraid to talk to each other because somebody’s always watching, but I did not have this impression, really. Of course they are cautious, but not overly so.”
For this reason, Abt takes exception to reports claiming that the North Korean regime will collapse once information begins “trickling in.”
“If that were true, the system should have collapsed a long time ago,” Abt says. “People know quite well what is going on. From the South Korean soap operas they watch at home to foreign books they read at the university, there is always some information. It’s not a hermetically-sealed country, and it never has been.”
To be sure, North Korea’s reputation as one of the world’s most brutal dictatorships is well-deserved. The country reportedly detains between 150,000-200,000 political prisoners in a vast network of labor camps, though Abt avoids the topic in his book.
“There are surely gulags that may be horrible, but I didn’t come across them so I cannot write about anything I have not seen myself,” he explains.
A Middle Class Emerges
Though far from becoming a global beacon of freedom anytime soon, Abt says that, “by North Korean standards, there has been quite a practical change in society and the economy.”
“Most North Koreans today are involved in some kind of business, so they seem to have an income that allows them to buy their daily necessities in the markets,” Abt tells me. “The most important thing is that a middle class has emerged in the cities; in the countryside, there is more private farming going on — throughout North Korea, you can see plenty of farming going on on the slopes; the flatland is still reserved for the state-run farms.”
Today, the regime is slowly introducing a capitalist component to the agriculture sector.
“Workers on the state farms were promised last year that they will be allowed to sell up to 30% of their harvest to free markets at a premium,” Abt says. “Should that be realized, it’s the beginning of quite a big change, like early reforms in China and Vietnam.”
Is North Korea Now Open for Business?
Not quite. But Abt tells me he believes opening up to commerce has “become a more important priority” for the North Korean government over the past ten years.
“I’m getting a lot of proactive proposals from the North Koreans, which we haven’t experienced in the past, so there is quite a big change on that front,” Abt says. “My business partners in Pyongyang can use [file-sharing service] Dropbox, they can travel more often now, and more North Korean companies have been allowed, particularly in 2012, to interact with foreign ones.”
Still, obstacles exist for anyone seeking to do business in this most frontier of frontier markets.
Power cuts are frequent, infrastructure is crumbling, and sanctions remain strict. On the other hand, Abt says the hardships he encountered cemented deep personal bonds between him and his colleagues.
“We had to solve practical problems every day; it was a daily struggle that brought us close,” Abt recalls. “We worked hard together, but we also partied together, went to karaoke, had good dinners, went on excursions, and had fun together. I never had the feeling that I was an alien in their eyes or a potential enemy or a spy — the relationship was quite relaxed and friendly, driven by our joint goals.”
Abt and staff members celebrate International Women’s Day in Pyongyang (Photo: Felix Abt)
So, would he do it again?
“I like to go back from time to time to eat some good food and have a merry evening, but otherwise, of course, I am happy where I am now,” Abt says.
Pyongyang
Nha Trang
“Seven years is a long time.”


![Photo: A man votes for Egypt’s draft constitution on Dec. 15. Ed Giles / Getty Images
The biggest problem with Egypt’s new constitution is that it will probably be ignored. By Ramez Naam
Ramez Naam was born in Egypt and raised in the United States. Ramez explores the impacts of brain technologies on individuals, governments, and civil liberties in his novel “Nexus.”
I spent the holidays with family—Egyptian family. I was born in Egypt, into a Coptic home, a member of the small Christian minority in a predominantly Muslim country. The recent election of Mohammed Morsi, a Muslim Brotherhood leader, as president, followed by the passage of a new constitution ramrodded through the process by a Muslim Brotherhood-dominated constitutional council has my family on edge. They see the election as a step towards the Islamization of Egypt. So far as I know, every member of my extended family (well over 100 of them) voted against Morsi and then voted against the new constitution.
The US press sees it the same way, reporting on the events in Egypt as steps towards the creation of a new Iran.
Having read the new constitution, I have a different perspective. The risk to Egypt is not that the new constitution will lead to the creation of a theocracy. Rather, the risk to Egyptian freedom and democracy is that the new constitution, which provides a number of good defenses against tyranny, will be ignored.
The constitution is flawed, yes. It fails to separate church and state. It mentions Islam far too often. It is at times needlessly vague and at other times inconsistent. Yet it also, to the surprise of many, provides the sorts of constitutional protections that we enjoy in the United States: freedom of thought, of speech, of movement. It provides protection against government invasion of privacy, against unreasonable search and seizure, against torture and coercion, against arrest without due cause. It guarantees freedom to assemble. It states that health care and basic living needs are fundamental rights. In contrast to the image of an Islamic screed, it provides a constitutional protection of one’s individual faith.
And perhaps most importantly, it places limits on the power of the president.
Let’s look at a few important sections of the new constitution, courtesy of a translation to English by Nariman Youssef of the Egypt Independent. (All emphasis below is mine.)
Freedom of Speech
The new constitution guarantees freedom of thought, opinion, and expression:
Article 45Freedom of thought and opinion shall be guaranteed.
Every individual has the right to express an opinion and to disseminate it verbally, in writing or illustration, or by any other means of publication and expression.
Freedom of the Press
Multiple clauses protect freedom of the press.
Article 48Freedom 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.
Control over the media is prohibited, with the exception of specific censorship that may be imposed in times of war or public mobilization.
Privacy
The new Egyptian constitution protects the privacy of individuals in their own homes, and the privacy of communications. Indeed, Article 38 provides strongerprotections of electronic communications for Egyptians than Americans have. (Compare the text of article 38, below, to the US Senate’s renewal of warrantless electronic eavesdropping as part of FISA).
Article 38The 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.
Article 39, which protects the privacy of the home from police, may also be stronger than US constitutional protection, in that it includes the word “monitored”. It also guarantees that anyone in a home entered or searched is alerted, something that’s not true in the US since the advent of ‘sneak and peek’ warrants in the Patriot Act.
Article 39Private 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.
Transparency
The new Egyptian constitution provides citizen access to government documents in a manner similar to the US Freedom of Information Act:
Article 47Access 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.
Arrest and Torture
Under Hosni Mubarak, Egyptians were rounded up for mere political dissent. By contrast, the new constitution provides protection against causeless arrest, the guarantee of a lawyer, and a speedy trial.
Article 35Except 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 or detained must be informed of the reasons in writing within 12 hours, be presented to the investigating authority within 24 hours from the time of arrest, be interrogated only in the presence of a lawyer, and be provided with a lawyer when needed.
The person arrested or detained, and others, have the right of appeal to the courts against the measure of arrest. If a decision is not provided within a week, release becomes imperative. […]
For decades, Egyptians have known that they could be hauled away, forced into confessions, or tortured simply as a threat to keep them inline. The new constitution prohibits that. It also invalidates any confession produced under duress, and makes inflicting “physical or moral harm” to prisoners a crime.
Article 36Any 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.
Only places that are humanely and hygienically fit, and subject to judicial supervision, may be used for detention.
The violation of any of the above is an offense punishable by law.
Any statement proved to have been made by a person under any of the aforementioned forms of duress or coercion or under the threat thereof, shall be considered invalid and futile.
The constitution stipulates that defendants are innocent until proven guilty, are entitled to face those accusing them directly, and are entitled to a lawyer if they can’t provide their own.
Article 77No criminal action shall be made except under an order from a judiciary body, save for cases defined by law.
A defendant is innocent until proven guilty in legal trial, and granted the right of defense. Every person accused of a felony shall be provided with a defense lawyer. Minor offenses, in which a defense lawyer is also required, are determined by law. […]
Article 78The right of defense in person or by proxy is guaranteed.
The law secures, for financially incapable citizens, means to resort to justice and to defend their rights.
Limits on the President
The real purpose of a constitution is to limit the power of government. Egypt is emerging from more than 50 years of dictatorial rule by three successive dictators. And so it’s no accident that the constitution places limits on the power of the President.
First, real lawmaking authority is spelled out (across a great many articles) as belonging to the two chambers of the legislature, which must both agree. Other powers are divided among the two legislature chambers, the President, and the courts, providing checks and balances in power previously absent in the country.
Second, while Mubarak was in power for nearly 30 years, and the old constitution had no term limits on the presidency whatsoever, the new constitution limits the President to two 4-year terms, just like the United States:
Article 133The President of the Republic shall be elected for a period of four calendar years, commencing on the day the term of his predecessor ends. The President may be reelected only once.
Many of the abuses that happened in Egypt over the last 30 years were done under the guise of a ‘State of Emergency’ that lasted for decades. The new constitution addresses this explicitly. It allows for the creation of a state of emergency (which, perhaps, it shouldn’t) but requires that both chambers of the legislature (the House of Representatives and the Shura Council, roughly equivalent to the US Senate) approve the measure.
Moreover, for the emergency to last more than six months, a six month extension must be approved by a public referendum of the people.
Article 148The President of the Republic shall declare, after consultation with the Cabinet, a state of emergency in the manner regulated by law. Such proclamation must be submitted to House of Representatives within the following seven days.
If the declaration takes place when the House of Representatives is not in session, a session is called for immediately. In case the House of Representatives is dissolved, the matter shall be submitted to the Shura Council, all within the period specified in the preceding paragraph. The declaration of a state of emergency must be approved by a majority of members of each Council. The declaration shall be for a specified periodnot exceeding six months, which can only be extended by another similar period upon the people’s approval in a public referendum.
The House of Representatives cannot be dissolved while a state of emergency is in place.
Religion
Of course, the real complaint about the constitution is that it is Islamist. It blends the church and state. It gives a special place to Islam.
This is all too true. The second article of the constitution makes this clear:
Article 2Islam is the religion of the state and Arabic its official language. Principles of Islamic Sharia are the principal source of legislation.
This is made worse by Article 219, near the end of the constitution, which pulls in a non-specific set of other documents and doctrines as the sources for Sharia.
Article 219The principles of Islamic Sharia include general evidence, foundational rules, rules of jurisprudence, and credible sources accepted in Sunni doctrines and by the larger community.
This troubles Egyptian liberals and secularists who point out that the historical Islamic doctrines that make up the foundations of Sharia very explicitly treat women and non-Muslims as underclasses, undeserving of the rights afforded to Muslim men.
The constitution, troublingly, also makes it illegal to insult any religion:
Article 44Insult or abuse of all religious messengers and prophets shall be prohibited.
The constitution also talks specifically about Al-Azhar, the primary Islamic university and seat of Islamic thought in Egypt.
Article 4Al-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.
The post of Al-Azhar Grand Sheikh is independent and cannot be dismissed. The method of appointing the Grand Sheikh from among members of the Senior Scholars is to be determined by law.
The State shall ensure sufficient funds for Al-Azhar to achieve its objectives.
These are the clauses that have generated the most fear that Egypt’s constitution is an Islamist tract and a step towards the next Iran.
Yet even here, there are counteracting forces. Article 4 gives Al-Azhar no real power. It promises funds to the Islamic religion and gives scholars a ‘consulting’ role, but nothing else. And while Article 2 states that Islam is the religion so the state and that Sharia (as vaguely defined in Article 219) is the principle source of legislation, it’s immediately followed by Article 3.
Article 3The 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.
So Christians and Jews in Egypt have their own sources of legislation. Many have interpreted this article as itself discriminatory because it doesn’t protect the rights of believers of other faiths, such as the Bahá’í. That’s a fully legitimate point.
Yet the document is clearer and more to the point later on:
Article 43Freedom 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.
And indeed, throughout the document, in the pre-amble and at least 4 other articles, the constitution protects the equality and freedom of individuals without discrimination.
For instance, the Pre-Amble very clearly calls out equality and equal opportunity for all citizens, and specifically men and women.
Pre-Amble Principle 5Equality and equal opportunities are established for all citizens, men and women, without discrimination or nepotism or preferential treatment, in both rights and duties.
Article 6 bans the creation of political parties that discriminate:
Article 6[…] No political party shall be formed that discriminates on the basis of gender, origin or religion.
And Articles 9, 33, and 34 all assert freedom and equality without discrimination for all citizens.
Article 9The State shall ensure safety, security and equal opportunities for all citizens without discrimination.
Article 33All citizens are equal before the law. They have equal public rights and duties without discrimination.
Article 34Individual freedom is a natural right, safeguarded and inviolable.
Undoubtedly these inconsistencies between the very general statements about Islamic Sharia and the more specific statements about equality and freedom will at times come to a head. They’ll be tested in court and in the political process. Much depends – as with the US Constitution – on how the documented is interpreted in later years.
Yet a simple word count is perhaps illuminating. “Sharia” is mentioned three times in the document. By contrast, “equality” is mentioned 11 times. And “freedom” is mentioned 32.
On the Whole
Egypt’s constitution is far from perfect. It places too much emphasis on Islam, and doesn’t go as far as one might like in safeguarding individual rights. It guarantees a trial, but not a trial by jury. It allows military trials for civilians in crimes that affect the military. It contains a troubling clause which makes insults of other people a crime – and which could be used against criticism of those in power. It doesn’t go far enough in spelling out the exact criteria along which people cannot be discriminated against. It has other clauses that are ambiguous or which open the door to state interference in personal matters. The mentions of Sharia as the principle behind the law are vaguely menacing, and leave the door open to assertions that, because Sharia discriminates against women and non-believers and bans many activities, Egyptian law should as well.
Yet when read as a whole, the new Egyptian constitution is far more progressive than has been widely reported. It places limits on the powers of the president. It quite clearly prohibits discrimination, in multiple clauses. It guarantees the freedom of belief, of thought, and of expression. It protects individuals against spurious surveillance, arrest, torture, and other abuses of the police. It enshrines freedom of the press.
As Omar Ashour at the Brookings Institute noted, “the 2012 draft is the least authoritarian [constitution] that Egypt has ever had. Whereas all the other constitutions guaranteed, on paper, a minimum of basic freedoms and elements of social justice, the 2012 draft limits presidential authorities and divides powers between the state institutions.”
On the whole, we should see the constitution as flawed but as very real progress from the state Egyptians lived in under Mubarak and his predecessors.
The real threat is that the constitution—with its expansion of civil liberties for Egyptians and its unprecedented constraints on the Egyptian presidency—will simply be ignored. If that happens, Egyptians will find that they’ve traded one dictatorship for another.
If, on the other hand, Egyptians decide that their constitution is more than just a string of words—if they treat it as the highest law of the land, and as a document whose purpose is to constrain the power of their rulers—then Egyptians will find themselves more free than they’ve ever been.](http://25.media.tumblr.com/493c744602b7b0384f7d48bb75b5d097/tumblr_mgj5v6ihgw1qeoyxwo1_500.jpg)









