From my recent article at Arab West Report, continuing a series on the committee which rewrote Egypt’s constitution:
The quip often attributed to Otto van Bismarck may apply to Egypt’s constitution: Laws are like sausages, it is better not to see them made. Recent articles in this series attempt to do just that; peel back the layers to watch how certain articles came to be.
But the quip does not apply as well to the preamble of the constitution, for this was largely the work of one man. Sayyid Hijāb, the esteemed Egyptian poet and winner of the 2013 State Appreciation Award in Literature, described the process.
Hegab describes his oppositional past as a possible reason he was chosen for membership in the Committee of Fifty, and then how he came to be given the preamble:
Eventually the committee agreed to authorize Hijāb and Fadl to write alternate preambles, though Hijāb consulted also with Salmāwi and Bishop Antonius, who represented the Coptic Catholic Church. After about a month both submitted their drafts, and Fadl’s was roundly dismissed. It read too much like an employee report, Hijāb described, while he purposed his to carry the vision of the revolution.
But tinkering with his draft went on throughout, up until the last minute. Hijāb faithfully continued in his subcommittee responsibilities, he said, working on the preamble from home. But while the end product differed from his original text due to negotiating the concerns of some—and the manipulation of others—he is pleased it carries forward the vision.
These concerns and manipulations were largely over religious matters of varying importance:
Most of this description was easily accepted, however. He modified language about ancient Egypt and its early discovery of monotheism, as his original text violated the sensibilities of some religious members. There was some objection to describing the early Christians as ‘martyrs’, he said, but this passed when they witnessed his suitable description of Islam. No Christians complained about describing the ‘light’ of Islam, but non-Orthodox questioned his initial description of the Christian martyrs defending the ‘true doctrine’ of the church of the Messiah. Seeking consensus, he pulled the phrase.
All Christians were pleased, though, by his unsourced reference to Pope Shenouda about Egypt being a homeland that lives in us. No one objected to this phrase either; perhaps some did not know where it came from, he surmised.
But the modern era ruffled some feathers, as he described it as a time of ‘enlightenment’ in which ‘humanity became mature’. Once again, the religiously conservative objected, seeing maturity in the message of the prophets. Hijāb had one conversation in particular with the Grand Mufti, in which he assured him the terms were common in the social sciences as descriptions of the developing world. The mufti was satisfied enough in the end, and the language stayed.
Hijāb proved flexible when he originally intended to describe the ‘sharī‘ahs’ of human rights documents, amending this only to state the constitution was consistent with UN Declaration of Human Rights. But he held ground over the objections of Salafis toward language describing the Egyptian people as ‘the sole source of authority’. These references came in Hijāb’s second section of the preamble in which he described the principles of the revolution and the basics of political vision.
Salafis view God alone as possessing authority, but they received a different goal in the end. After long discussions about defining the role of sharī‘ah within the body of the constitution, they won its mention in the preamble, defining interpretation according to the collected rulings of the Supreme Constitutional Court. Here the poetic vision of Hijāb’s text is broken, for this reference even contains a footnote, saying these rulings are to be deposited in the official minutes. Hijāb did not intend for sharī‘ah to be mentioned in the preamble at all, finding its place in Article 2 to be sufficient.
But perhaps the Salafis received a bit more, though for whose benefit cannot be said securely. The reference to sharī‘ah was won through negotiation, but Hijāb believes a second late change came through manipulation. Salafis were strong, though not alone, in arguing against reference of Egypt as a civil state. In the end a compromise was won to declare Egypt had civil governance, and this is reflected in the official draft Hijāb submitted for the final vote. But at its reading, ‘Amr Mūsa spoke ‘civil government’ in its place, and Hijāb believes it was deliberate. In any case, though he and Bishop Antonius objected, it entered the record as the preamble was voted on and approved unanimously.