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Controversy over Al-Azhar draft law
Published in The Egyptian Gazette on 25 - 02 - 2012

CAIRO - The Grand Sheikh of Al-Azhar, Ahmed el-Tayyeb, recently proposed a draft law for regulating Al-Azhar.
He has announced his readiness to discuss it with the authorities concerned and some religious scholars and intellectuals, hoping it will be approved, so that Al-Azhar can regain its prominent and pioneering role, which has gradually faded in recent years.
Al-Azhar, Egypt's highest Sunni Muslim religious authority, is the oldest seat of Islamic learning in the Arab world.
It has been strongly criticised for allegedly acting as the mouthpiece for the ousted regime, approving fatwas (religious edicts) widely seen as pleasing the regime and supporting its policies.
The draft law, approved by the Cabinet, was signed by the Supreme Council of the Armed Forces (SCAF) just a few days before the new parliament held its first session.
This sudden endorsement has stirred and provoked a lot of controversy among the Azharites. Some religious scholars are happy about it; others are angry.
The latter believe that this draft law won't lead to any tangible changes serving Al-Azhar's interests.
The bill stipulates that the Sheikh of Al-Azhar will no longer be appointed by the Government, but will be elected by members of the Higher Scholars' Authority, comprising scholars from Egypt and the wider Islamic world.
This election system was approved and applied before 1961, when late President Gamal Abdel-Nasser cancelled the authority and replaced it with the state-run Islamic Research Academy, with the aim of bringing Al-Azhar under State supervision.
The proposed law seems to satisfy the desires of some religious scholars and intellectuals, who hope to put an end to the system of the Government appointing the Grand Sheikh and reinstating the centuries-old institution's independence from the State.
The former President of Al-Azhar University, Abdel-Fattah el-Sheikh, has declined to comment on the draft bill until it has been subjected to parliamentary scrutiny, while the former deputy of Al-Azhar, Sheikh Mahmoud Ashour, describes the bill as “totally defective and only serving certain officials”.
"How can Al-Azhar achieve independence? Who will finance it if it becomes independent from the State?” he asks.
Ashour told Al-Ahram newspaper that the draft bill should be discussed under Parliament's Dome and real and necessary amendments should be made, serving the interests of Al-Azhar as an entity, not individuals.
He added that a mechanism should be devised to restore the main mission of Al-Azhar, namely preaching and focusing more on teaching religious-related subjects.
Professor Mohamed Reda Moharram, the former Dean of the Faculty of Engineering, Al-Azhar University, says that the law is controversial.
“It shouldn't be amended hastily and the Azharites themselves should be consulted first. The details of the draft law should be discussed at two levels: Al-Azhar with its faculties and authorities, especially the members of teaching staff members, and also those concerned with Al-Azhar's interests, as it is an institution serving the interests of all Muslims,” he stresses.
Moharram adds that the modifications to Law 103/1961 are partial and deficient and don't add anything new to the structure of Al-Azhar and its prestigious role. The reason behind this is the absence of consultation and transparency.
He says that the proposal to establish the Higher Scholars' Authority to elect the Grand Sheikh, in addition to the Islamic Research Centre, is useless, as we will have two entities doing the same task.
Instead, Moharram argues, we should deepen the role of the existing Islamic Research Centre and develop the mechanisms for selecting its members.
He is also critical of the age limit of 60 years for members of the Higher Scholars' Authority, as this is the age of retirement and old members can't do the job effectively.
The qualifications needed for membership of the authority that will elect the Grand Sheikh are controversial too.
According to the law, members must have a PhD and be well versed in religious learning.
Moharram says that great characters without higher degrees have served Islam and its message admirably, such as Sheikh Mahmoud Shaltout and Abbas el-Aqqad.
Professor Mohamed Abu Zeid el-Feqqi, the Dean of the Faculty of Islamic and Arabic Studies in Tanta, says that the law doesn't pay any attention to modifying and developing Al-Azhar's curricula.
“It does not suggest any mechanism for upgrading the syllabuses, in order to ensure the superiority of Al-Azhar and its university, the oldest in the Islamic world,” he adds.
Islamic intellectual and presidential hopeful Mohamed Selim el-Awwa told Al-Ahram that the post-revolution Parliament should form a committee to scrutinise the draft law, which he said shouldn't take effect until it has been discussed by the People's Assembly.
There is a consensus among scholars and Islamists that Al-Azhar won't regain its former prestige and pioneering role if it does not regain its independence from the State.
It needs to be financially independent, so that its staff are free from governmental pressures.


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