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Article 2 ensures equality between Muslims and Copts, says prominent judge
Published in Youm7 on 14 - 05 - 2011

Article 2 of the 1971 Egyptian Constitution must remain in its current form to maintain and achieve equality between Muslim and Coptic citizens, said judge and Islamic thinker Tarek el-Bishry. He said Article 2 confirms equality regarding holding public office, participating in political life and reaching leadership positions in the judiciary, public administration and other roles in public life.
Article 2 has come under debate recently because it describes Egypt as an Islamic state and cites Sharia – Islamic Law – as the main source of legislation. Some have called for its removal.
In his book, ‘The State and the Church,' recently re-issued by Dar el-Shorouq, Bishry says Article 2 supports the principle of citizenship, which is supported by the teachings of Sharia.
Bishry wrote that the concept of equality between Christians and Muslims was upheld by most schools of Islamic jurisprudence regarding most public and individual rights. He added that the problem with Islamic jurisprudence was in holding public office or the right to hold leadership positions in the state, whether in the judiciary or as an administrator.
He wrote that by the development of methods of management and the division of labor, the concept of administration has changed: it is no longer the case that one person is responsible for administrating, but rather governmental departments, and judging a case in court is no longer the responsibility of an individual but rather a panel of three to five judges.
Bishry also addressed how Article 2 came into being, pointing out that it originated from Article 149 of the 1923 constitution, which was enforced until 1953.
He said former President Anwar Sadat was not the original author of this article, as it would appear, and said Sharia had been a source of legislation in Egypt long before Sadat took office in 1971.
Bishry said, “I do not contend the fact that Sadat wanted this article, in order to win over Egyptians and in order to be able to amend the constitution to allow him to run for the presidency for more than two terms, but that does not alter the fact that Islamic law is an important legal source and this use of it by Sadat to achieve his own personal goals shows his recognition of its overall importance.”
The book is the third in a series by Bishry about the national community, after his book, "Muslims and Copts in the framework of the national community," issued in 1981, and "The national community- isolation and integration," published in 2005.
In the book Bishry discusses the co-relation between the Egyptian political administration and the management of the Coptic Church in recent years, and the institutional representation of Coptic Christian interests in the state.


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