Debating Religious Freedom in the Constitution: European Concerns and Egyptian Realities

Language: 
English
Sent On: 
Thu, 2014-03-20
Year: 
2014
Newsletter Number: 
9

The recent transcript published by Arab West Report on our interview with Bishop Antonios of the Coptic Catholic Church has attracted the attention of scholars in the West. In particular, Dr. Wolfram Reiss, professor of historical and comparative studies of religions at the University of Vienna, offered his perspective and invited a response from AWR Editor-in-Chief Cornelis Hulsman and Bishop Antonios. 

Reiss believes that the post-Mursī constitution of 2014 removed the worst features of the 2012 charter, in particular the role given to the Azhar in review of legislation in Article 3, and the definition of sharī‘ah along traditional lines of jurisprudence in Article 219. 

Despite the amendment and removal of certain articles, Reiss finds that the constitution of 2014 does not provide a sufficiently new basis for any of the urgent questions which have long prompted interreligious debate. 

Dr. Reiss did note one significant positive development: Article 53 calls for the establishment of an independent commission to monitor discrimination, and obliges the state to take all necessary measures to eliminate it. 

Hulsman understands Reiss’ concerns but “Europe has to realize that Egypt is not Europe and thus that protection of religious beliefs is the overwhelming sentiment in Egypt. Enacting legislation that would go totally contrary to dominant beliefs is only bound to create more tension, [which] a government that already [has] great difficulties in enforcing the law cannot use.”

Bishop Antonios, for his part, asserted that the 2014 constitution was an improvement over previous documents as a whole. Systems of government and the insertion of culture articles are just two indications of the new realities reflected in the charter.  For articles specifically discussed concerning religious freedom “There has to be a public will for the constitution to be applied.” 

Whether or not the text is strong enough to secure liberal implementation within cultural and political realities will be an ongoing debate in Egypt.

For the full text of this article click here.

 

Jayson Casper,

Researcher,  Arab-West Report