An Islamic Constitution for Egypt
The Egyptian military has announced that it has suspended the country’s constitution and dissolved parliament.
The Supreme Council of the Armed Forces, which is effectively the provisional authority in Egypt is comprised of the country’s top generals and will remain in power for six months, or until elections.
The council has remained very vague on the specifics of dealing with the issue of elections, which, coupled with the suspension of the constitution may create anxiety among the protesters that brought down the Mubarak regime. It is likely that expert lawyers will be brought in to construct a new constitution, with the US, military and other domestic stakeholders all attempting to shape the new constitution.
Hizb ut Tahrir the pan Islamic global party on its establishment in 1952 constructed a draft constitution and amended in 1977 called the “Muqadimatud-Dustur Aw il-Asbabul Mujibatu lah” the Introduction to the Constitution and the reasons which make it obligatory.
For a constitution to be Islamic it must contain some key articles:
1. The Islamic ‘Aqeeda constitutes the foundation of the State. Therefore, nothing is permitted to exist in the State’s structure, system, accountability, or any other aspect connected with the State that does not take the Islamic ‘Aqeeda as its source. The Islamic ‘Aqeeda is also the source of the State’s laws. Consequently, nothing related to them is permitted to exist unless it emanates from the Islamic ‘Aqeeda.
2. The only evidences to be considered as sources for divine rules (ahkam Sharia) are: the Quran, the Sunnah, the unanimity of the Companions (ijma’a as-Sahaba) and analogy (Qiyas); legislation cannot be taken from any source other than these evidences.
3. All citizens will be treated equally regardless of their religion, race, colour or any other factor. The State will not discriminate between citizens in any matter, such as ruling, judiciary or welfare.
4. Every individual is innocent until proven guilty. No person shall be punished without a court sentence. Torture is absolutely forbidden. Whoever inflicts torture on anyone shall be punished.
5. Accounting the rulers is a right for the Muslims and a Fard Kifayah upon the Muslim Ummah. Non-Muslim citizens have the right to voice their complaints for any injustices or misapplication of the Islamic rules upon them by the rulers.