The Cairo Institute for Human Rights Studies [CIHRS, see: http://www.cihrs.org/] sent the president and the speakers of both houses of Parliament an appeal calling to amend article two of the Constitution that states that the Islamic Sharī‘ah is the main source of legislation. Signatories include a number of prominent intellectuals, writers, journalists, academics, politicians, authors, artists and human rights activists. They represent the first set of signatories, and the text is as follows:
The undersigned call to amend article two of the Constitution that states that “Islam is the religion of the state” and that “the principles of the Islamic Sharī‘ah are the main source of legislation.” The undersigned address their appeal to the president of the republic, the speakers of the People’s Assembly and the Shūrá Council, political parties, civil society institutions and leaders of public opinion, hoping that the president and the legislative councils include this request into the constitutional amendments underway.
The demand for amendment is based on the following: First, specifying a certain religion to the state implies a breach of the assumed state neutrality toward its citizens who belong to different religions and beliefs that are not in any way mentioned in the Constitution. This has led to delivering court rulings that deny Egyptian citizens their right to embrace what they believe in, leaving them no option other than changing their beliefs in order to get their identity cards or official papers.
Second, the same article was changed in 1980 to, “the principles of Islamic Sharī‘ah as being the main source of legislation,” however, no other sources of legislation are mentioned, which in effect makes Sharī‘ah the sole source of legislation. In fact, this is borne out of a memorandum from the Parliamentary Committee that had prepared the final draft of the amendment. In the introduction, it states that the will of the constitutional legislator meant these principles to be “the sole source,” and that, in this way, the amendment seeks to oblige legislators to not resort to “other sources,” even if no answers are provided by the Islamic Sharī‘ah to problems being tackled. The Higher Constitutional Court mentions this in its relevant rulings.This development was a grave setback for the principle of citizenship and for the civil state project to the benefit of the religious state project.
Third, in all countries legislations combine inspiration from their own cultural reservoirs while responding to the demands for developing their societies in time and place. Indisputably, no one denies that the Islamic civilization constitutes an essential component of the cultural makeup of Egyptians, but it is not the only one. We would, otherwise, be wiping out or overlooking the contributions of other civilizations, such as the pharaonic and the Coptic, in forming Egyptians’ culture and sensibilities. Furthermore, the Islamic civilization cannot be eliminated to the legal provisions it produced during a certain historical time, or to a particular trend of thinking from among the many that flourished in its context. Thus, it was necessary that the text reflected such historical facts; the varied sources of Egyptian’s civilizational and contemporary heritage, and the diversity in Egyptians’ religions and beliefs. This way the constitutional legislator would have avoided the charge of endeavoring to impose one religion’s provisions on those who do not believe in it, contradicting Egypt’s commitments according to international human rights covenants.
Fourth, despite the fact that the Islamic legal jurisprudence school is one of the most outstanding in the world, the constitutional text is characterized by its serious ambiguity and tightness. It, therefore, depends on the legislators and legal interpreters in the constitutional and other courts in order to explain it. Thus, it is subject to their political, doctrinal, and jurisprudential affiliations. In any case, such principles can not be accounted the same stature as holy books, such as the Qur’ān and the Bible, as they are a product of human discretion that took place around ten centuries ago in the context of the specific historical, political, cultural, social and economic conditions of those times.
Fifth, the constitutional text, in its current wording, ignores the presence of other religions and beliefs in Egyptian society that have their own provisions, which in effect downgrades those other beliefs and their followers. This reflects itself in everyday social and political life, in court rulings, and in deepening the marginalization and injustice felt by the followers of the other religions and beliefs.
Sixth, the experience of 25 years, in which this article has been enforced, shows that it has been a factor, among other factors, in the decline of the assumed neutrality of the state towards its citizens. It has also contributed in violating the right to equality without distinction based on religion, which has become a fact no one denies any more – no matter assessments vary according to the extent, nature and aspects of such inequality. The same text has been used to justify the overwhelming of religious formalities on all aspects of social, cultural, political and economic life – including the stock exchange and banks. It has been also employed to create and promote an atmosphere of extremism to the detriment of the freedom of scientific research, the freedoms of thought, literary and artistic creation, and the spiritual nourishment of Egyptians. Education curricula as well as state-owned media have become a principal source of propagating religious extremism, to the extent that the Ministry of Endowments has recently published a book calling citizens of other religions than Islam infidels, stating that their properties and bloods can lawfully be proscribed. Accordingly, the undersigned call for the amendment of article two, taking into consideration that: 1- Islam is the religion of the majority of citizens. 2- The general values and principles of religions and beliefs constitute one of the principal sources of legislation, in accordance with Egypt’s commitments according to international human rights covenants, and without prejudice to the rights of citizenship or the right of equality before the law. 3- The enjoyment of civil rights and freedoms should not depend on the individual’s religious beliefs. 4- All state authority bodies should abide by neutrality toward the different religions and beliefs and the citizens who follow them.
Finally, the undersigned re-affirm their respect for all religions and beliefs and their appreciation of the religious sensibilities of all citizens. By making this appeal, they try to contribute to the debate on the amendment of the Constitution and seek to stop the homeland sliding into division along sectarian lines and religious extremism that are breaking up some neighboring countries. They also hope to contribute to setting Egypt on the course of progress to cope with the challenges of the twenty first century. The undersigned, while appreciating the good intentions behind the President’s proposal to add “the principle of citizenship” to article one of the Constitution, note that such an addition does not imply any concrete constitutional safeguards, especially in the light of the persistence of article two in its present wording.
Signatories to the appeal for amending article two of the Constitution:
1- Ibrāhīm al-Jindī Journalist
2- Ahmad Bahā’ al-Dīn Sha‘bān Engineer, author and political activist
3- Aḥmad Zakī ‘Uthmān Researcher on political science
4- Ahmad Samīh Director of Andalus Institute for Tolerance and Anti-Violence Studies
5- Ahmad Sayf al-Islām Lawyer, director of Hisham Mubarak Law Center
6- Ahmad Shawqī al-‘Aqabāwī Professor of Psychology, the Azhar University
7- Ahmad Fawzī Egyptian Association for Community Participation Enhancement
8- Ahmad ‘Abd al-Mu‘tī Hijāzī Poet and author at al-Ahrām newspaper
9- Ahmad ‘Ukāshah Professor of Psychology, head of the Egyptian Association for Psychology
10- Ahmad Muhī al-Dīn Teacher at the Faculty of Medicine, ‘Ayn Shams University
11- Ahmad Hānī al-Mayhī Film director
12- Ishāq Hannā Labīb Interior designer, general-secretary of Egyptian Association for Enlightening
13- Ismā‘īl Hasan Wasfī Businessman
14- Ashjān ‘Abd al-Ḥamīd The Nadim Center for the Psychological Rehabilitation of Victims of Violence
15- Ashraf Radī Journalist
16- Ikrām Lam‘ī Teacher of Comparative Religions, Faculty of Theology
17- Akram al-Qassās Journalist
18- Āmāl ‘Abd al-Ḥamīd Physician – New Women Research Center
19- Amānī Khalīl The Nadim Center for the Psychological Rehabilitation of Victims of Violence
20- Emile Tanaghu Physician
21- Amīn Abū al-Futūh Battāh Former manager at the ministry of social affairs
22- Amīn al-Mahdī Author and publisher
23- Amīn Makram ‘Ubayd Physician
24- Amīnah al-Naqqāsh Author and journalist
25- Anīsah Ḥassūnah General manager assistant in the banking sector
26- Bassām Muhammad Bahjat The Cairo Center for Human Rights Studies
27- Basmah ‘Abd al-‘Azīz Physician – the Nadim Center for the Psychological Rehabilitation of Victims of Violence
28- Bahī al-Dīn Ḥasan Journalist – head of the Cairo Center for Human Rights Studies
29- Bahījah Husayn Journalist
30- Turk Yūsuf The Nadim Center for the Psychological Rehabilitation of Victims of Violence
31- Tawfīq Ḥannā Author and critic
32- Jāb Allāh ‘Alī Jāb Allāh Former head of the Antiquities Authority
33- Jābir ‘Asfūr Critic and teacher at Cairo University
34- Girgis Shukrī Poet
35- Jalāl Nassār Editor-in-chief of al-Ahram Weekly
36- Jamāl al-Bannā Author and Islamic thinker
37- Jamāl ‘Abd al-Jawwād Expert at Al-Ahram Center for Political and Strategic Center
38- Jamāl ‘Īd Lawyer and the head of the Arabic Network for the Human Rights Information
39- Hāzim al-Biblāwī Liberal thinker
40- Hāfiz Abū Si‘dah Lawyer and the general-secretary of the Egyptian Organization for Human Rights [EOHR]
41- Husām Bahjat The head of the Egyptian Initiative for Personal Rights
42- Husām ‘Afīfī Professor of law, ‘Ayn Shams University
43- Ḥasan Ismā‘īl The general-secretary of the Egyptian Union for Human Rights
44- Hasan Tulb Poet and teacher at Hilwān University
45- Husayn ‘Abd al-Rāziq Journalist, author – general-secretary of al-Tajammu‘ Party
46- Hilmī Girgis Physician
47- Hilmī Sālim Poet and the editor-in-chief of Adab wa-Naqd [literature and criticism] magazine
48- Hamdī ‘Abd al-Hāfiz Engineer
49- Khālid Sālih Author and journalist
50- Khulūd Imām The Egyptian Initiative for Personal Rights
51- Khulūd Sābir The Nadim Center for the Psychological Rehabilitation of Victims of Violence
52- Dāwud ‘Abd al-Sayyid Film director
53- Ra’ūf al-Shitwī Film director
54- Rājīyah al-Jirzāwī Physician
55- Rājīyah Shawqī The Nadim Center for the Psychological Rehabilitation of Victims of Violence
56- Rushdī Sa‘īd Thinker and geologist
57- Ridā Khalīl University teacher
58- Rif‘at al-Sa‘īd Author – the head of al-Tajammu‘ Party
59- Rūmānī Manṣūr Al-Kalimah Center for Human Rights
60- Sārah ‘Ammār The Egyptian Initiative for Personal Rights
61- Sāmih Fawzī Author and researcher
62- Sāmī Harak Lawyer – attorney of the under-registered Misr al-Umm [Egypt is the mother] Party’s founders
63- Sa‘d al-Dīn Ibrāhīm Head of Ibn Khaldoun Center for Developmental Studies
64- Sa‘d Fathī Rizq Director of a construction company
65- Sa‘d Hajras Editor-in-chief of al-‘Ālam al-Yawm [world today] newspaper
66- Sa‘īd Tawfīq Teacher of philosophy
67- Salmá Sharīf Nājī Economist
68- Salīm Najīb Former judge
69- Samīr Suwaylam Editor-in-chief of Arab Electronic Journal magazine
70- Samīr Gharīb Author
71- Samīr Fādil Ibrāhīm University teacher
72- Samīr Fayyād Physician – vice-president of al-Tajamm‘ Party
73- Suhá ‘Abd al-‘Ātī The Egyptian Initiative for Personal Rights
74- Sūzān Fayyād The Nadim Center for the Psychological Rehabilitation of Victims of Violence
75- Sītī Shenouda Physician
76- Sayyid al-Qimnī Author and Islamic researcher
77- Sayyid Hijāb Poet
78- Sentia Majdī Farahāt Author and sculptor
79- Shāhinah Muqlid Member of the Public Union of Farmers’ directorate
80- Sharīf Hatātah Writer
81- Sharīf Dūs Physician and member of the Higher Committee of al-Ma‘ādī’s Churches
82- Shahīdah al-Bāz International consultant in political economy and development
83- Sabrī Jawharah Teacher at a faculty of medicine, Ohio, the U.S.
84- Salāh Abū Nār Political researcher and translator
85- Salāh al-Zayn Teacher of literature, Cairo University
86- Salāh al-Sarawī Critic and teacher at Hilwān University
87- Salāh ‘Adlī Head of the Socialist Horizons Center
88- Salāh ‘Īsá Author and the editor-in-chief of al-Qāhirah newspaper
89- Salāh Fadl Critic and university teacher
90- Salāh Qunsuwah Teacher of philosophy at the Arts Academy
91- Tāriq Khātir Lawyer – the head of the Association for Human Rights Legal Aid
92- Tal‘at al-Shāyib Author and translator
93- Tal‘at Husnī Engineer
94- Tal‘at Radwān Writer
95- ‘Ādil al-Sīwī Plastic artist
96- ‘Ādil al-Mashad Engineer and the chairman of al-Badīl [the alternative] newspaper’s board
97- ‘Ādil Jindī Author and administrative consultant
98- ‘Ādil Darwīsh Political editor at the British Middle East newspaper
99- ‘Ādil Ramadān Rāfic Lawyer – the Egyptian Initiative for Personal Rights
100- ‘Āyidah Sayf al-Dawlah Physician – the head of the Egyptian Association Against Torture
101- ‘Abd al-‘Azīz ‘Abd al-‘Azīz Lecturer in the International Law for Human Rights, University of New York
102- ‘Abd Allāh Mansūr Psychiatrist
103- ‘Abd al-Mun‘im Tulaymah Teacher of Literature at Cairo University
104- ‘Abd al-Mun‘im Ramadān Poet
105- ‘Abd al-Mun‘im Sa‘īd Director of Al-Ahram Center for Political and Strategic Studies
106- ‘Izz al-Dīn Najīb Author and plastic artist
107- ‘Isām Shīhah Lawyer – member of the Higher Institution of al-Wafd Party
108- ‘Afāf Mar‘ī Director of Egyptian Association for Community Participation Enhancement
109- ‘Alī Sāmī ‘Alī Engineer
110- ‘Amr al-Buqulī Human rights activist
111- Ghādad Nabīl Poet and journalist at al-Jumh?rīyah newspaper
112- Fu’ād Riyād Professor of law at Cairo University and former Judge at the International Court for Crimes of Wars
113- Fu’ād Zakarīyā Liberal thinker and author in philosophical studies
114- Farīdah Zahrān Publisher – the Egyptian Social Democratic Center
115- Farīdah al-Naqqāsh Editor-in-chief of al-Ahālī newspaper
116- Qāsim ‘Abiduh Qāsim Head of the Department of History, the Faculty of Arts at al-Zaqāzīq University
117- Kamāl Ibrāhīm Professor of Orthopedic Surgery – Chicago, the U.S.
118- Latīf Fahmī Teacher at Agriculture Research Institute
119- Mājid ‘Atīyah Journalist and writer
120- Mājid Fakhrī Manqary?s Teacher
121- Mājid ‘Adlī Physician – the head of the Nadim Center for the Psychological Rehabilitation of Victims of Violence
122- Majdī ‘Abd al-Hamīd Board chairman of Egyptian Association for Community Participation Enhancement
123- Majdī Khalīl Author – director of the Middle East Forum for Freedoms in Washington, the U.S.
124- Muhsin Luṭfī al-Sayyid Head of the under-registered Misr al-Umm [Egypt is the mother] Party
125- Muhsin Muḥammad Kamāl The Liberal Youth Union
126- Muhammad al-Badrī Engineer and author
127- Muḥammad al-Sayyid Sa‘īd Vice-president of Al-Ahram Center for Political and Strategic Studies
128- Muhammad al-Shabbah Editor-in-chief of Nahdat Misr newspaper
129- Muhammad Hāfiz Diyāb Teacher at the Faculty of Arts, University of Banhā
130- Muhammad Hilmī University student
131- Muhammad Zāric Head of the Arab Penal Reform Organization
132- Muhammad Salmāwī Author and journalist
133- Muhammad Sulaymān Poet
134- Muhammad Fatt?h Muhammad Author
135- Muhammad Faraj Author – secretary of enlightenment department in al-Tajammu‘ Party
136- Muhammad Kāmil al-Qalyūbī Film director
137- Muḥammad Nūḥ Musician
138- Muhammad Yusrī Initiative for the Solidarity of Refugees
139- Maḥmūd Abū Zayd Lawyer, Chicago
140- Maḥ̣mūd al-‘Afīfī Journalist
141- Maḥmūd Amīn al-‘Ālim Leftist thinker and critic
142- Maḥmūd Ḥāmid Journalist – assistant of the editor-in-chief of al-Ahālī newspaper
143- Maḥmūd Khayyāl Professor at the Faculty Medicine, the Azhar University
144- Maḥmūd Farūq ‘Ābbās The Liberal Youth Union
145- Maḥmūd Murtadá Director of the Center of Alternative Development Studies
146- Midhat Kamāl al-Sayyid The Egyptian Initiative for Personal Rights
147- Muṣṭafá ‘Ibādah Poet and journalist at al-Ahrām newspaper
148- Mu‘tazz al-Ḥifnāwī Engineer
149- Mu‘tazz al-Fujayrī Head of the Department of Programs at the Cairo Center for Human Rights Studies
150- Mu‘tazz Maḥmūd Zakī Engineer
151- Mamdūḥ Nakhlah Head of Al-Kilmah Center for Human Rights
152- Muná al-Tahhāwī Journalist
153- Muná Hāmid Physician – the Nadim Center for the Psychological Rehabilitation of Victims of Violence
154- Mahā Maḥmūd Yūsuf Lawyer – the Nadim Center for the Psychological Rehabilitation of Victims of Violence
155- Mahdī Bunduq Poet and dramatist
156- Nādir ‘Anānī Engineer
157- Nādiyah ‘Abd al-Wahhāb Physician – New Women Research Center
158- Nānsī Anwar Feminist
159- Nabīl Zakī Journalist
160- Nabīl Sharf al-Dīn Author
161- Nabīl ‘Abd al-Malik Head of the Egyptian Canadian Organization for Human Rights
162- Nijād al-Bura‘ī Lawyer – the Developing Democracy Group
163- Nasīm Mijallī Author and translator
164- Nihād Abū al-Qumsām Head of the Egyptian Center for Woman’s Rights
165- Hālah Muṣṭafá Editor-in-chief of al-Dīmūqrātīyah [democracy] magazine
166- Hānī al-Ḥusaynī Teacher at the Faculty of Science, Cairo University
167- Hānī Shukr Allāh Consultant at Al-Ahram Center for Political and Strategic Studies
168- Hānī ‘Anān Businessman and human rights activist
169- Hānī Muṣṭafá Journalist – assistant of the editor-in-chief of Al-Ahram Weekly newspaper
170- Hishām Qāsim Publisher – consultant of the International Press League
171- Wasīm al-Sīsī Physician and author
172- Yusrī Muṣṭ̣afá Author and human rights researcher
173- Yūsuf al-Qa‘īd Journalist and novelist
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