Dr. Essam Sharaf
Prime Minister
Dear Dr. Sharaf,
As-salamu alaykum.
I am a retired World Bank staff, an Egyptian who lives near Philadelphia, USA.
I trust you would agree that with the historic 25 January revolution, a new Egypt was reborn, an Egypt that deserves a new form of government, an Egypt where all of its citizens are created equal, an Egypt where all of its citizens, as well as foreigners who work in Egypt and other expatriates, live in a society that guarantees them a dignified life, freedom, justice and the right to pursue happiness based only on character and skills. I therefore trust that you would also agree that such a pursuit for a modern and moderate Egypt should be anchored in a new constitution. Egypt's constitution is a very sensitive and most critical document to get right, if we are to successfully transition Egypt into the 21st Century.
In my informed opinion, the referendum on the amendments to Egypt's constitution scheduled for March 19 should be cancelled. I believe that in order to honor the 25 January revolution and its noble objectives, a new constitution is in order. Tweaking the old constitution would leave Egypt far short of its capabilities. Furthermore, drafting a new constitution now would be premature without the benefits of much-needed preparatory work to carefully map the road ahead, its blueprint and timetable.
I write you today to make clear the need for high care in drafting a new constitution. Egypt's leadership should first engage in a thorough deliberation. They should identify, debate, compromise, and build consensus on the major issues facing Egypt today and into the future before going for a new constitution, a constitution that once in place would be the law of the land and would go a long way to determine the future of Egypt for generations to come. We must get it right this time.
My analysis below outlines some of the areas and decisions Egypt's leadership must consider thoroughly on its way to drafting a new constitution. These areas are:
- Form of government
- Separation of mosque and state
- Copts in Egypt
- Women in Egypt
- Scientific research and technology development
- Acceptance of secularism
- Equality under the law
It is difficult to envision work starting on a new constitution before national agreement has been reached as to the Egypt of 2011 and onward.
1. Form of government
A modern and moderate Egypt, an Egypt with endless promise, should be a full democracy and not merely a democracy as defined by the previous regime. The chief characteristic and distinguishing feature of that earlier democracy, is rule by an omnipotent majority. In that form of democracy, the individual, and any group of individuals composing any minority, have no protection against the unlimited power of the majority. It is a case of the majority ruling over the individual, with no recourse for the individual if he/she is mistreated. A full democracy, on the other hand, has a very different purpose and represents an entirely different form or system of government. Its purpose is to regulate the majority, as well as all others among the people, in order to protect the individual’s fundamental human rights. A full democracy protects the rights of the minority of all minorities, the individual, in other words liberties of all the people.
A full democracy would require a liberal secural government, a government that would continually create more opportunities for more of its people over time, and under which all faiths would thrive.
2. Separation of mosque and state
A misunderstanding for Egypt to avoid
In his article "Religion and Spirituality," published 11/22/2009, Douglas Mefford writes "to varying degrees this separation of church and state has been effective in preventing government from controlling both the body and spirit of its citizens. A government should strive to regulate what is considered proper behavior within all its citizenry. To this end it must concern itself with only those things which can be applied equally to people regardless of what specific religious convictions they hold." He says "The concept of 'good' and 'bad', 'proper' as opposed to 'improper' behavior is a very arbitrary thing. It can change not only with location but also with the passage of time itself. The secular state has the ability through the representation of its people to change and modify what the society as a whole deems right and proper. Religions at their most basic level were intended to give a set of instructions on how to best keep a peaceful structure to people’s lives. Having human 'interpreters' for what is ordered by an unseen and inaccessible 'God' easily leads to all too human abuses of power and domination with no recourse for discussion or modification."
The phrase “separation of mosque and state” does not mean that public life must have nothing whatsoever to do with religion. People are free to discuss their own religious beliefs in public forums and acknowledge their own religious traditions or heritage.The concept of “separation of mosque and state” must apply only to the actions of the government. It does not apply to private groups or individuals. Individuals and non-government groups are free to practice their religion, have religious discussions and display religious symbols at any time, even when on public property.
Under "separation of mosque and state," the government must be required to remain neutral toward religion, not hostile toward religion. In addition, the government must remain neutral between religions, not allowing one religion primacy over another, for example, allowing Muslim symbols to be displayed while denying Christians, or Jews, or followers of other religions the right to display objects relating to their faith. Egypt's constitution must not be an instrument of bigotry and hatred.
The goal for Egypt must be to:
- ensure complete non-involvement of the state in mosque affairs and vice verse;
- ensure neutrality of the government toward those of various religious beliefs or no belief at all, thus ensuring equal rights for all; and
- secure religious liberty, ensuring that all Egyptians have free choice in what they believe and the freedom to express or not express those beliefs.
Check and balance
In an article in the Free Inquiry Magazine, Volume 20, number 4, Alan M. Dershowitz argues that when religion is independent of the state, it can serve as a useful check and balance on the excesses of government.
Lifestyle freedom
In the same article "Religion and Spirituality," Mefford argues that keeping church and state separate gives those in a society the right to their individual connection with any divine source they envision. They can pray as they will, eat whatever foods they want, and wear what they feel best pleases their god. There are many deities with widely varying guidance for what is most spiritually pleasing. It is the role of the state to ensure that all these various and even incompatible personal beliefs can coexist to the betterment of everyone’s life and lifestyle without that society collapsing in destructive, chaotic civil holy wars.
Religion is for God, the nation is for the people. This should be Egypt's national cry.
Religion and business practices
Nicholas D. Kristof in the New York Times cites Duke Professor Timur Kuran’s book The Long Divergence: How Islamic Law Held Back the Middle East, indicating that it offers the definitive explanation for why the Middle East has lagged in development and modernity. After poring over ancient business records, Professor Kuran persuasively argues that what has held the Middle East back is not Islam, is not colonialism, but rather various secondary Islamic legal practices that are no longer relevant today. For example, one impediment was inheritance law. Western systems most commonly passed all property intact to the eldest son, thus preserving large estates. In contrast, Islamic law stipulated a much fairer division of assets (including some to daughters), but this meant that large estates were fragmented. One result of this was that private capital accumulation faltered and was unable to support major investments to usher in an industrial revolution.
Professor Kuran also focuses on the Islamic partnership, which tended to be the vehicle for businesses. Islamic partnerships dissolved whenever any member died, and so they tended to include only a few partners — making it difficult to compete with European industrial and financial corporations backed by hundreds of shareholders. The emergence of banks in Europe led long-term British interest rates to drop by two-thirds leading up to the Industrial Revolution. No such drop occurred in the Arab world until the colonial period.
Kristof goes on to point out that these traditional impediments are no longer a problem in the 21st century. Muslim countries now have banks, corporations, and stock and bond markets, and inheritance law is no longer an obstacle to capital accumulation. Kristof says that if Professor Kuran’s diagnosis is correct, that should bode well for the region — and Turkey’s boom in recent years underscores the potential for a renaissance.
Kristof then writes that "yet one challenge is psychological. Many Arabs blame outsiders for their backwardness, and cope by rejecting modernity and the outside world. It’s a disgrace that an area that once produced outstanding science and culture (giving us words like algebra) now is an educational underachiever, especially for girls." "The Muslim Brotherhood has often used the slogan, 'Islam is the solution.' And to the West, the unstated feeling upon looking across the bleak Middle East landscape has often been: 'Islam is the problem.' Professor Kuran’s research suggests that, at least looking forward, the more correct view is: Islam isn’t the problem and it isn’t the solution, it’s simply a religion — meaning that the break is over, there are no excuses, and it’s time to move forward again."
Egypt must move forward again, it must remove obstacles, real or perceived, that have stood in the way of world-class business practices. Let us not forget that Turkey enjoys separation of mosque and state, largely explaining its boom of recent years. Egypt is way overdue for a renaissance like Turkey's.
While separation of mosque and state would not be a panacea for every problem in Egypt's society today, it would promote equal rights for every citizen in Egypt, whether he/she is observing his/her own religion, or nonreligious. It would offer each and every Egyptian citizen the promise of opportunity. It would undoubtedly help Egypt open up and take advantage of the global economy. It would leave for various philosophies and religions to address the questions of life, how did we get here, are we here for a reason, and how should we live our lives.
3. Copts in Egypt
In the same article "Religion and Spirituality," Mefford writes "[W]ere a specific religion to take the reigns of power over an entire nation’s people it would make anyone’s spiritual beliefs that were different from the official religion instantly illegal, with the possibility of the nation collapsing in a bloodbath of civil holy wars."
Point well taken, eruptions over church burnings, vandalism and the like are not uncommon in Egypt. Neil MacFarquhar, the New York Times, March 8, writes "The instability following the collapse of Mr. Mubarak’s government has heightened sectarian tensions and deepened concerns among Coptic Christians, who make up about 10 percent of the population, that they will not be sheltered from prejudice and violence." Also in MacFarquhar's article "Several thousand Christians protested for a second day on Tuesday, March 8, in front of the state television headquarters in downtown Cairo, holding aloft giant crucifixes and calling for the government to secure their rights."
Copts in Egypt must not be subjected to prejudice and violence, not now, not ever. In fact, as Egyptians, they must enjoy civil rights and liberties identical to those of any other Egyptians.
If there is a conflict between Muslims and Christians in Egypt, it is manufactured to achieve political ends. One has to only look at the solidarity demonstrated by Muslims and Christians throughout the revolutionary weeks in Cairo, in Alexandria and all over Egypt, it was simply remarkable and a testament to the genuine desire of people of the same nation to live together peacefully, fruitfully and in harmony.
The Egypt we all are envisioning that after the 25 January glorious revolution is an Egypt that will deny the monopoly of any one person, group, or institution in Egypt over:
- the words of God,
- the interpretation of the words of God, and
- the faith of God.
This denial should be the norm in Egypt, it should be understood by all, expected of all, and applied to all. This will allow Egypt to win any battles, now or in the future, against fanaticism. This will allow Egypt to be the land where human dignity, intelligence and life thrive and persevere.
Egypt must become a state where all of its people are regarded as created equal, where this equality will be regarded as a self-evident truth.
4. Women in Egypt
In the same article "Religion and Spirituality", Mefford writes that under a religious state, it is easy to have a few people in a hierarchical position exert the power to dehumanize and strip away the very basic human rights of anyone, and have greater control over the population in general. A modern example would be the Islamic nations where women, by religious decree, are considered to have only minimal rights and almost no personal freedoms.
Women in Egypt are considered to inherently have less rights than men and little or no personal freedom. Only last Tuesday, March 8, a million woman march was to take place in Tahrir Square, planned to mark International Women's Day, and organized by women's rights activists. The march was to honor the memory of both women and men killed in clashes with security forces during Egypt’s revolution, to demand a greater role in the political system, and to call for “fair and equal opportunity for all Egyptian citizens – beyond gender, religion or class.” It did take place, but with a mere few hundred women showing up, a clear indicator of the lack of belief, lack of confidence and lack of hope that such march could actually lead to improvements in women's standing in the Egyptian society. Even then, they were harassed, beaten and groped, by young anti-feminist male protesters chanting in response to the marchers, “Men are men and women are women and that will never change. Go home! That's where you belong!” and "You are all working for a foreign agenda!"
Such an unfortunate day taking place on the heels of the 25 January revolution is cause for alarm, but not despair. I do believe the participants made their point, which is that in the face of their just and legitimate rally they were greeted with confrontation, violence and derision by men, demonstrating better than any passionate argument that the long road, the struggle women in Egypt must travel and endure to achieve parity with men, it is definitely beyond reach under the current system.
The critical issue here is that Egypt, without the equal participation of women in its workforce, is denied the creative and productive efforts of half of its population and thus has little chance of making speedy, effective and efficient movement forward. It is well-documented that women perform better than men in many jobs, please check Dan Abrams book Man Down: Proof Beyond a Reasonable Doubt That Women Are Better Cops, Drivers, Gamblers, Spies, World Leaders, Beer Tasters, Hedge Fund Managers, and Just About Everything Else. It is unfathomable to comprehend the validity of and wisdom behind a culture that asks of a nation in the 21st century to fire its economy on only half of its cylinders.
Egypt must ensure women their indisputable civil rights and liberties secured by a secular government, and consequently Egypt will be in a position for its national leaders to make policies and decisions that would interact in their nation’s favor with a modern worldview.
5. Scientific research and technology development
Mefford also says that a high risk to a state religion is the stagnation of a people and society, he cites that under the Roman system, the religion maintained its power and glory with a “divinely created” Earth-centric viewpoint that the universe revolved around Rome, and consequently science was repressed and much knowledge was lost for centuries. He also points out that under the Roman Catholic Church, Galileo was criminalized and forced to recant the findings he made by looking through a simple telescope.
Mefford concludes "There is a great advantage for a civilization that allows a multitude of thought and belief, they are more able to adjust to changing situations, have a greater ability to experiment and make scientific advancements and improve the lives and situations of all their citizens regardless of what “God” they may look to for spiritual direction."
Timothy Ferris argues in his book The Science of Liberty that "to achieve full democracy a nation must spend what it takes to promote universal public education, and allot at least 2 percent of its GDP to scientific research and development."
Egypt would do well by its people to heed Ferris's recommendation that the way out of ignorance and poverty is through investment in education as well as scientific and technology research and development.
Democracy stands a far greater chance for success with an ever-increasing level of literacy and education promoting a well-informed electorate.
6. Acceptance of secularism
Secularism must be accepted as a founding principle for the new Egypt. Rob Boston speaking on "Defending the Separation of Church and State in Difficult Times" in Columbus, Ohio, September 17, 2006, outlines that the rejection of secularism could lead to:
- A sort of a de facto religious test for public office, and some highly qualified, valuable leaders, may not be electable mainly because they do not fit the defined religious mold;
- The elevation of symbolism over substance in religious matters;
- The acceptance of mere slogans linking church and state, which could lure a society to a very dangerous place, where mere words or phrases are often substituted for the actual heavy lifting of creating a better society, as religious people are commanded to do by their holy books, and as many of them do.
Egypt must consider the above risks associated with the rejection of secularism.
7. Equality under the law
The Egyptian constitution must guarantee equality in the law of the land for ALL Egyptians. It must guarantee the end of misery for Egyptian women and it must ensure the protection of the future of Egyptian children. The right to freedom of religion, freedom of speech and freedom of the press must be made explicit and irreversible. Racism and totalitarianism must be totally and forever rejected.
In conclusion, Egypt's revolutionary leaders must first consider above various areas, issues and concerns that need to be thoroughly reviewed before making decisions as regards a new constitution, decisions that would then be grounded in a well-debated compromise, a compromise that will have for Egypt but one goal -- progress -- and one direction -- upward. It is my greatest hope that they would possess the conviction and fortitude of character to do so.
Dr. Sharaf, I have also written ten similar analyses on several topics central to the 25 January revolution, if you feel they would be useful to you, I would be honored to share them with you, they are:
- Egypt, Obama and History
- Egypt, today and tomorrow
- Egypt - the United States - Israel
- Egypt - February 11, 2011
- Egypt - for the revolution not to be stolen
- Egypt: barriers and obstacles on the revolutionary road
- Egypt: the Counter Revolution
- Egypt: Friday, February 25, the Day of Insistence
- Egypt: the Israeli dilemma
- Egypt: the Israeli dilemma, Part 2
I thank you for your attention and for considering these thoughts.
Long live Egypt.
Yours respectfully,
Dr. Hussein Amin
© Dr Hussein A Amin 2011
