Naguib Abadir: The Experience of a Reserve Member in the Constitutional Committee

Naguib Abadir

Naguib Abadir

From my recent article in Arab West Report, continuing a series of interviews with members of the committee which wrote the constitution. Abadir is a founding member of the Free Egyptians Party, and was selected to participate as a stand-by member in case of possible resignations. But he was far more active than that:

Within his own subcommittee, Abādīr related he was free to influence the discussions, lobby, and explain his viewpoints. He never felt like a second class citizen. He was present at the internal voting of the subcommittee, and witness to the early contentious debates on Egypt’s identity issues.

‘Early’ debates, because midway through the process the reserve members were sent home. He complained to no avail, but provided insight as to the process of these contentious debates, which were eventually decided long after he left:

Abādīr explained that this liberal majority did not want Egypt defined in light of religion. They desired a civil state that had nothing to do with religion, dealing with citizens irrespective of their beliefs. They tried to insert this word ‘civil’ into Article 1, but met stiff resistance from the Azhar representatives and the Nour Party. Ten were in favor and only four against, but the word was removed. Later on it was attempted to be put into the preamble, but again the Azhar and Nour Party objected, so it was substituted for ‘civil government’, rather than a ‘civil state’. This was done in conjunction with removing language that placed Egypt as part of the Islamic ummah, which has ideas pointing toward a caliphate, and instead listing it as part of the Islamic ‘world’.

In Article 2 Abādīr stated his group wanted to make sharī‘ah ‘a’ source of legislation, removing the word ‘the’ that had been changed by President Sadat in 1980. ‘Everyone’, he said, thought this article should be phrased differently, but they decided to leave it unchanged. ‘Responsibly so,’ he commented, for in the charged atmosphere Egypt is in any adjustment would cause more trouble than it was worth.

So when the internal subcommittee vote proceeded, Abādīr expected it to pass unanimously among all fourteen members present. It did not. Zarqā’ of the Nour Party objected, and said he would support it only in conjunction with Article 219, which in the 2012 constitution provided a specific interpretation of the principles of sharī‘ah. This was somewhat out of order, Abādīr said, because their subcommittee was only tasked with discussing the first fifty or so articles of the 2012 text. But having brought it in, the committee immediately threw it out. Eventually the committee would semi-compromise in the preamble by leaving the interpretation of sharī‘ah bound by the collected rulings of the Supreme Constitutional Court. These, Abādīr said, rely on the sharī‘ah only where no scholars disagree, leaving the principles of sharī‘ah to equal the broad principles of humanity.

But the earlier resistance to Article 219 prompted Zarqā’ to leave the committee entirely – on health grounds, as reported in the press. The Nour Party did not withdraw from the committee, but substituted Ibrahim Mansour in his place. But Abādīr had a different take on these ‘health’ reasons. He stated that Zarqā’ said when he saw us he felt he wanted to throw up, that we were nauseating, and these were the exact words of his declaration. He felt that we were insulting all his beliefs. Mansour, he said, was more diplomatic in his listening, though their opinions were the same.

But in his absence the subcommittee discussed Article 3. Previously this article gave Christians and Jews the right to refer to their own ‘sharī‘ah’ in matters of personal affairs, religious rites, and leadership selection. Abādīr said liberals wanted to change it to state ‘non-Muslims’, but the Azhar representatives would not accept this, as it would open up rights for religions not recognized in Islam. Though the internal vote was ten to three, above the target threshold of 75 percent, they failed.

Article 4 of the 2012 constitution dealt with the Azhar, which became Article 7 in the new charter. Here there was unanimity with the Azhar, for all wanted to remove the previous stipulation stating the opinion of the institution had to be taken in all matters of legislation that might concern sharī‘ah. Otherwise, Egypt might find itself in the Iranian model in which the mullahs have a say in every law.

In most of the other articles discussed in the subcommittee, Abādīr stated, there was general consensus. Only on these first four did contention arise, prompting Mūsa to take them away and basically ignore the work and the votes of the subcommittee.

Please click here to read the full article at Arab West Report.

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