Tahani El-Gebali Analyzes Article II of the Egyptian Constitution at the BA
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Alexandria—
The BA Dialogue Forum hosted on Saturday, 9 June 2007, Chancellor Tahani El-Jebali, Judge, the Supreme Constitutional Court, in a seminar entitled "the Constitutional Framework for the Application of Article II of the Constitution". The seminar was chaired by Dr. Mohamed Refaat, Professor of Constitutional Law, a leader of constitutional and legal thought in Egypt.
Tahani El-Gebali discussed the controversial article and presented a thorough analysis of its legal provisions. She started her talk with an introduction of the history of article two of the Egyptian constitution and added that the constitution was drafted 30 years ago and was amended 26 years ago and was applied as such through out the past years. She moved to analyzing the provisions of the article into three main phrases: Islam is the State's religion, Arabic is the official language of the State, and Principles of Islamic Shari 'a are the main source of legislation, and said that third point has been always a point of argument.
She added that Egyptians lack legal knowledge, and thus, to them, application is the only creditability of a certain text. She stated that cultural, economic, and political crisis on the Egyptian arena were reflected in an atmosphere of extremism, which in its turn affected the atmosphere of dialogue and discussion.
Tahani El-Gebali reviewed the three provisions of the article and said that the state is a political entity that can not embrace a certain religion, the fact is a state takes up the religion of the majority. She stressed that Islam does not accept any infringement on the religious freedom of individuals within a society, and thus, state's authorities should allow citizens to enjoy their religious freedom.
On the second provision concerning "Arabic as the official language of the state", El-Gebali called on the preservation of the Arabic language and that it should be used in all international meetings, conferences, and forums hosted on egyptian soil, and added it is a constitutional right.
On most controversial provision of the constitution stipulating that" Principles of Islamic Sharia are the main source of legislation", She said that this provision requires a historical analysis, through which it will be evident that principles of Islamic Sharia have been always the source of legislation, in addition to other sources, since the 1940s. At that time, there was some sort of positive candidness concerning Islamic jurisprudence, in addition to French law and other laws.
She gave an example that the Egyptian legislator took from the Shiite Fiqh; the regulations on "obligatory wills" and that was not considered infringement upon the constitution. She explained that the expression "principles of Sharia" is different from laws and regulations of Sharia. She said that the term "principles" leave room for discussion and for legislator's judgment.
She added that the Supreme Constitutional Court ratifies a very important principle, which is ijtihad (making a legal decision by independent interpretation of the legal sources) in controversial issues. She said it is inevitable that a legislator links his/her decisions to peoples benefits, Allah's law is about the benefit of people.
She stated that the Constitutional Court also adopts the principle of respect to all laws and regulations of non-Muslims and she considered this a standard of applying equality before the law among people of the same country.
The seminar was concluded by participants involvement and questions on the ideas and views of Chancellor Tahani El-Gebali.