The future of existing Islamist parties in Egypt seems uncertain under a newly-drafted constitution that contains an article banning the formation of political parties on a religious basis. Some observers say the new article will not change anything as it is difficult to prove that any of the existing parties are based on religion. Others argue that it all depends on how the law interprets the article. Egypt has around 30 Islamist political parties, all of them deny having a religious basis. A referendum on the final draft constitution is expected on 14 and 15 January 20014. Article 74 of the final draft constitution, drawn up by an appointed 50-member committee, states: "It is prohibited to engage in any political activity or to form political parties on a religious basis or a discriminatory basis of gender, origin, sect or geography." "It is prohibited to exercise activities that are against the principles of democracy, are secretive or have a military or military-like nature. Political parties can only be dissolved with a court ruling," the article says. The 2012 constitution drafted under ousted president Mohammad Morsi's rule did not ban parties based on religion; rather, it stated that "no political party that discriminates between citizens on the basis of gender, origin or religion would be formed". Some have said that the new article is a return to the 1971 constitution which also banned the establishment of political parties based on religion. But the 1971 version was worded slightly differently. It banned parties both on a religious basis or with a "religious reference". Since the 2013 draft constitution does not ban parties with a religious reference, Islamist parties can avoid prohibition by saying they are not based on religion, but just have a religious reference. The Salafist Al-Nour Party "is not a religious party... The party's programme is a political one with a religious reference," said Sha'ban Abd-al-Halim, the leading figure in Al-Nour Party. "That article will not affect any of the established parties," he added. Having a religious reference means that the parties' programmes are based on Islam; hence, if there is a controversial issue the main criteria on how to handle it should be Islam's position on it. From the Islamist parties' point of view, this is different from religious basis. According to them, religious basis means that they can say only Muslims can join a party, for example. The constitutional article does not explain what makes a party based on religion or not. "We have to admit that the expression of religious basis is vague. In other words the new article on banning religious parties means nothing on the ground," said Wahid Abd-al-Majid, the leading figure of the National Salvation Front grouping forces against ousted president Morsi's rule. He is calling for a clear definition of the article to be stated in the law, which has yet to interpret what "religious basis" means. Lawyer Isam al-Islambuli, however, noted that "administrative courts could decide whether the party is religious or not from its ideology, programme and goals". Some even argue that Article 74 contradicts Article 2 of the constitution which states that "the principles of Islamic Shari'ah are the main source of legislation". "Some may lodge an appeal against the draft [constitution] based on this article," said Majdi Himdan, a leading figure in the Democratic Front Party. The question now is what will actually happen to the established Islamist parties, if the newly-drafted constitution passes in the forthcoming referendum. There are around 30 political parties with Islamist affiliation in Egypt, at the forefront of which are the Muslim Brotherhood's (MB) Freedom and Justice Party; the Salafist Al-Nour Party, which supported Morsi's ouster and took part in the drafting of the new constitution; Al-Wasat Party, which originated from the MB and is part of the pro-Morsi National Alliance; Strong Egypt Party, formed by former leading MB figure and former presidential candidate Abd-al-Mun'im Abu-al-Futuh; the Building and Development Party, the political arm of the Jama'ah Islamiyah (Islamic Group); Salafist Al-Watan Party, founded by the former head of Al-Nour Party and Al-Rayah Party, founded by former presidential hopeful Hazem Salah Abu-Isma'il. These parties say they are not based on religion; therefore, it seems that their destiny lies in the hands of the judiciary which most likely will be receiving various lawsuits against them, if the constitution wins a "yes" vote in the upcoming referendum, given the rise in public sentiment against Islamist forces since Morsi's overthrow. According to counsellor Mahmoud Ala-al-Din, a member of the political parties committee in charge of receiving notifications of parties' formation, "the committee cannot initiate taking a position against these parties". A complaint or a lawsuit had to be filed against them first, he was quoted as saying in Al-Tahrir daily. Some experts believe that under such pressure, Islamist groups may be forced to go underground as they did before the January 25 Revolution. "Good governments should be wise and contain such parties within the concept of the state," Ahmad Ban, a political Islam expert, says. Otherwise, driving their activities underground could endanger the state, he added. Others believe that a prohibition would force these groups to change their approach and to separate religion and politics. They argue that Islamist parties have to separate preaching from politics because combining the two is detrimental to both of them.
