CBS/AP/ October 3, 2012, 5:09 AM

Egypt Islamists want equal rights for women - but only as far as Islamic law allows

CAIRO Islamists are seeking to enshrine in Egypt's long-awaited new constitution a number of articles that secularists and liberals fear would bring theocratic rule and severely set back civil liberties, including provisions that could empower clerics to review laws and would stipulate that women's rights cannot violate Shariah law or "family duties."

Liberals and secularists have been struggling to keep out the provisions, but are finding themselves outnumbered and vulnerable to being overruled on the 100-member assembly that is writing the charter meant to set the path for post-revolution Egypt.

The assembly, where Islamists hold a majority, has been debating the constitution over nearly 50 sessions during the past months. But the wrangling has heated up as the body gets closer to voting on a final draft, which would then be put to a yes-or-no referendum by the public, expected by the end of the year. Liberals, however, say they have few tools to block Islamists' demands other than walking out of the assembly — a step they have wavered on taking for fear or losing their voice entirely.

Around 100 women protested against the Islamists' provisions Tuesday outside the upper house of parliament, where the assembly has been holding its sessions. They chanted against a "religious state" and shouted, "Down with the rule of the Brotherhood."

Magda Adly, one rights activist at the gathering, warned of "a constitution that only sees women as tasked to make babies," saying the Islamists' provisions would open the door to dramatically lowering the marriage age for women and ending restrictions on female genital mutilation.

"It's a disaster what's about to happen to the Egyptian constitiution," Rasha Abdullah, another woman protesting the Islamic law clause on Tuesday night, told CBS News. She called the assembly crafting the constitution "a committee with a majority of Islamists with mentalities that go back 200 years... they don't represent any of the women or the men assembled here today."

Battles also spilled into the courtroom Tuesday as a Cairo court convened to examine nearly 40 suits calling for the assembly to be disbanded. Lawyers from the two sides pushed and shoved each other in shouting matches that forced the judges to postpone the hearing for a week. If the court eventually orders the assembly disbanded, Islamist President Mohammed Morsi would form the new one, and liberals' have little faith it would be any more favorable to them.

The constitution has been long awaited as a key step in establishing a democracy in Egypt after last year's ouster of autocratic ruler Hosni Mubarak. The uprising that forced Mubarak out was led by progressive, secular activists who rallied public anger over worsening poverty, the monopoly on power by Mubarak's ruling party, rampant corruption and widespread abuses by security and intelligence agencies.

But in the nearly 20 months since, Islamists have emerged as the strongest political power. Morsi, Egypt's first freely elected president, is a veteran figure from the Muslim Brotherhood, which dominated parliamentary elections last year. Also powerful are the ultraconservative Salafists, who call for an even stricter implementation of Islamic shariah law than the Brotherhood.

The Brotherhood and the main Salafist political party hold at least 52 seats on the constitutional assembly, which was formed by parliament before a court dissolved the legislature. Their majority is further strengthened by Islamists unaligned with parties. The assembly includes eight women, several of them Brotherhood members, and eight Christians.

So far, no articles have been finalized, with negotiations still going on within the assembly. The assembly chief says he now expects a final draft to be ready in November, though the timetable has been pushed back repeatedly in past months. The Brotherhood in particular seems to be hoping to reach enough of a consensus within the assembly that it can tout the document as having broad backing.

But with liberal, leftist and secular movements weakened and with little pressure from the public, the Islamists appear confident they can get much of what they seek in a final draft and win approval in a referendum.

"There is a strong sentiment in the street for implementing shariah," said Sheik Khaled al-Azhari, a Salafist who sits in the assembly. "Add to that, there is a big difference between talking to people from an air-conditioned office like liberals and between living their lives and knowing their pains."

Al-Azhari, who is also a TV star on a religious channel, said Islamists had one main rule guiding their hand in the constitution: "You can't criminalize what is permitted by shariah law."

Some parts of the new charter that appear to have consensus so far would set a more democratic system for Egypt, reducing the overwhelming powers that the president has long held and increasing the authorities of parliament.

But a number of articles put forward by Islamists have raised liberals' concerns.


1/2

© 2012 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
12 Comments Add a Comment
linkicon reporticon emailicon
alibaba5 says:
The woan has no right to file for divorce but the man can divorce his wife any time he wants. if a woman runaway from her husband because he abused her,the husband can call police,arrested the woman and force her to live with him against her well .it called in arabic(beat el taa)which mean in english thehouse of obident.
reply
linkicon reporticon emailicon
alibaba5 says:
The islamic law indicated that woman has no right. the man has the right to marry more than woman .his first wife should not object .
reply
linkicon reporticon emailicon
artestfan says:
It is typical for racists US Republicans to blame Obama for the Arab spring, despite the fact that it was the previous President, George Bush and his doctrine that was determined to bring Democracy to the Middle East.

It was also his invasion into Iraq that radicalized the otherwise moderate souls in the Middle East over the past last decade.

Now we are bearing the fruits of that doctrine. Our President has no choice but to side with Democracy, even if it is not the kind we would prefer.
reply
linkicon reporticon emailicon
StrongHelmet says:
Islam is not a "crazy religion." Its clerics and radical political Islamists are the problem because they emphasize legalism and literalism at the expense of encompassing core values. The test in Egypt will be how they deal with women and religious minorities (especially the Baha'is). It does not bode well because a large proportion of the Egyptian populace is relatively uneducated and votes Muslim Brotherhood or Salafist in reaction to the suppression of those movements in the past. Egyptians will need to go through their own democratic learning as they make bad choices as well as good ones.
reply
linkicon reporticon emailicon
gwrigley says:
I said this over a year ago. The Arab Spring Movement is going to create fundamentalists Arab governments who practice Shariah Law and destroy any chance at real democracy. Why the US and UN have supported these movements is something I cannot understand.

Didn't we learn anything from Iraq. Iraqis were far better off under Saddam than they are today. It also appears that Iraq and Iran are moving closer together as each is now Shiite controlled.
reply
artestfan replies:
linkicon reporticon emailicon
You call that a prediction? We've known what would happen long ago. Bush's policies radicalized that region. Why do you think Hezzbollah won so big? Hamas winning the entire Parliament? From there it was only a matter of time.

We were lucky with Pakistan, but we will see what happens in the next election.
Since we are no longer in Iraq, it will be interesting to see how those next elections will turn out.

We already know what to expect from Afghanistan when we leave next year.
linkicon reporticon emailicon
dman6015 says:
Equal rights, but only as far as Islamic law allows? That essentially means no rights. Expect another uprising if the current regime heads in that direction.
reply
linkicon reporticon emailicon
kentman11 says:
Cut all American aid to Egypt now. 18 billion since 9/11. What has Egypt done for the United States ? Signed a peace treaty with Isreal ? Doing the right thing should never be rewarded with billions. The house has put 500 million on hold. It's a step in the right direction, I would rather see the money put into American schools or small business.
reply
artestfan replies:
linkicon reporticon emailicon
Intetesting because back when Obama said Egypt was not an ally, you and your conservative buds attacked him for that.

Now you guys want to stop aid to our "ally"?

Talk about a "forked" tongue.
linkicon reporticon emailicon
Stopfmg says:
The practice if Female Genital Mutilation, abuse against young girls, MUST be stopped!
reply
artestfan replies:
linkicon reporticon emailicon
Don't we mutilate boys' genetalia and call it circumcision?
linkicon reporticon emailicon
tmittelstaed says:
Egypt was once a proud country ruled by Cleopatra, a woman. Look at how far it has fallen now.
reply
See all 12 Comments