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Tunisia's Compromise Constitution - Sada - 0 views

  • Despite the reassurances of articles 40 and 45 as safeguards for women’s rights in Tunisia’s next constitution, women’s rights groups nonetheless still see much work to be done. They fear that article 7, which defines the family as “the nucleus of society” might be used later to limit women’s rights. For example, this could mean limiting women’s right to a divorce in the name of protecting the family. They also argue that article 21, which states that “the right to life is sacred” could be used to ban abortion, which is currently legal in the early stages of pregnancy. More likely, women’s rights groups could use articles 20 and 45 to push for a revision of the inheritance law, which is currently based in Islamic law.
  • While Western observers praise the current text as the best and most modern constitution in the Arab world, many Tunisians say that they do not want to have the most modern one in the region, but would rather see a good, coherent constitution. As it stands, the text reflects well the antagonisms that shape Tunisian society itself—compared to the 1959 post-independence constitution, which was closer to the elite’s vision of society than to social reality. The new text also highlights Tunisia’s contradictions. It will be for the Constitutional Court, to be established for the first time in the country’s history, to find (for the roughly 150 articles of text) a coherent interpretation that aims to guarantee Tunisians a democratic future.
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Tunisian Ruling Party Feels Heat After Egyptian Coup - Al-Monitor: the Pulse of the Mid... - 0 views

  • “France knows that Islam and democracy are compatible.” While Hollande did say “Islam” and not “Islamism,” it was nevertheless the closest thing to an endorsement of Tunisia's Ennahda party to come from any French politician.
  • if the Tunisian Tamarod movement has not seen immediate support from the street, they have received a major political partner: Tunisia's most important opposition coalition, Nidaa Tounes. The coalition — which scores alongside Ennahda at the top of opinion polls — issued a press release on July 4 in which it made the same demands as Tamarod, the dissolution of the Constituent Assembly and new elections.
  • Mabrouka Mbarek, a left-leaning deputy at the Constituent Assembly from the Congress for the Republic Party, expressed her outrage at Essebsi's position. “This is unacceptable and dangerous. For Essebsi to say this shows that he has no clue what democracy is, and is not fit to be in government,”
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  • “The Egyptian example is present in the mind of Ennahda right now,” said Mohamed Bennour, the spokesman for the Ettakatol Party in an interview at the party's annual congress on July 7. He went on to say that the events in Egypt could play a “catalyzing” role in Tunisia. “I think the people will move if Ennahda ever makes big mistakes. I think that Ennahda is conscious now of not making mistakes in the current period.”
  • The biggest bone of contention in Tunisian politics right now is the finalization of the country's constitution, and in particular two articles — Articles 6 and 141 — which secularists say leave the door open for a higher degree of influence of Islamic law. Article 6 says that the state is the “protector” of “al moqadiset”  — “the holy things" — which could mean a ban on insulting any religious symbols, mosques or even imams, a much stricter blasphemy law than anything Tunisia currently has. Article 141 says that no amendments can be made to the constitution which are not in accordance with “Islam as the religion of the state,” a vague wording that some — including the Ettakatol Party — think could imply that Sharia should be the basis for future constitutional changes. “Article 141 refers the origin of the law to the Quran and Sharia, and that is very dangerous because it can be interpreted by certain judges as being the law, Sharia as law,” said Bennour. However, Bennour and others within the socialist Ettakatol Party felt that Ennahda would cede on these controversial points in light of recent events.
  • While the rest of Tunisia prepares to slow down with the reduced hours of the holy month of Ramadan [due to start on July 9], the Constituent Assembly has announced it will continue to work, with a session in the morning and another after the breaking of fast at night. Perhaps the dire example of Egypt will push Tunisia's parliament to put aside differences and advance their country to the next phase of democracy.
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Constitution Calls for 'Neutralilty' of Mosques, but Meaning Unclear - Tunisia Live - 0 views

  • Rumors circulated this weekend that the Friday sermon in Tunisian mosques would soon be standardized by the government, meaning all preachers would read the same text to their congregations, and that political figures would be prohibited from delivering sermons. Officials at the Ministry of Religious Affairs, however, denied that these policies were being implemented.
  • The newly-adopted Tunisian constitution, which was formally adopted last week, not only “protects religion” and “guarantees freedom of belief and conscience,” but also guarantees the political neutrality of the roughly 5,000 mosques in Tunisia. “The state [...] ensures the neutrality of mosques and places of worship away from partisan instrumentalization,” according to Article 6 of the new constitution. This constitutionalized political neutralization of mosques is meant to “limit the interference of strangers in mosques,” Fadhel Achour, president of the National Union of Religious Officials, told Tunisia Live. His union represents clergy working in Tunisia’s mosques.
  • Mghiri oversees the Ministry of Religious Affairs’ Monitoring and Following Commission, which monitors Tunisian mosques. The commission receives petitions from citizens, follows up with them, and collaborates with the Ministry of Interior to curb what Mghiri deemed the “Salafist exploitation” of mosques and to prevent calls for violence in mosques. He also said that imams cannot directly tell those in attendance whom to vote for. Mghiri told Tunisia Live that different people from varied backgrounds gather in mosques and that telling these people for whom they should vote is not only illegal, but also not wise and does not comply with the canonical laws of Islam.
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Coptic group rejects constitutional proposal that Christians be subject to the church i... - 0 views

  • Article 2 has become the subject of a new Coptic-Coptic dispute after an obscure Coptic group, dubbed the '38 Copts Association,' rejected the above-mentioned compromise. The group derives its name from a 1938 decree by the Coptic Church's Holy Synod – later overturned by late Coptic Pope Shenouda III – granting Copts the right to divorce.
  • The group demands that, as Egyptians, they should be constitutionally subject to Islamic Law, which – unlike Coptic law – allows for divorce
  • "There is no such thing as Christian jurisprudence. For this reason, the Bible instructs us to adhere to the laws of the state."
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  • At one point, an argument erupted between group members and Judge Edward Ghaleb, who serves as both head of the Coptic Church's lay council and head of the Constituent Assembly's rights and freedoms committee. According to Ghaleb, the group's grievances are of an "individual" nature, while the constitution is meant to address general principles. He added that the assembly would look into Coptic grievances, but stressed that the new charter was being written "for all Egyptians."
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Constitution expert blasts Islamist's stance on marriage of young girls - Politics - Eg... - 0 views

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    Notice competing authorities.
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Here's what happens when diplomats get involved in religious rhetoric - The Washington ... - 0 views

  • in new research, we show how classifying who constitute “real” Muslims – even when it is used to assert progressive values – can be unpredictable and contingent on the authority of the speaker and perceptions of the audience.
  • While distinguishing a radical few from a peaceful majority seems like it would bolster relationships with Muslim-majority countries and reduce religious tensions at home, statements like these often leave politicians in a minefield as they appear to define the boundaries of legitimate belief for Muslims
  • Such statements constitute a kind of discourse that is hard to neatly distinguish from the practice it rejects
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  • Many leaders in the region, including King Abdullah of Jordan, have worked to reduce accusations of apostasy in public discourse and the violence that often follows. Egypt’s Al-Azhar University, a center of Islamic learning for more than 1,000 years, refused to declare ISIS and other violent actors apostates, arguing that doing so reinforced the cycle of mutual “excommunication.” By contrast, others, including King Mohammed VI of Morocco have actively called terrorists such as ISIS “non-Muslim.”
  • charges of apostasy are a powerful tool for delineating group membership and assigning rights. These accusations become particularly potent — if unpredictable — during moments of institutional change, when uncertainty is high and rivals are jockeying for position in a new constitutional order. Recently, these charges have assumed sectarian overtones, with Sunni groups questioning the legitimacy of Shiite Muslims and Iranian press using the term “takfiri” (apostate or unbeliever) to attack Sunni groups in the region
  • in his denunciation of ISIS as apostate, Kerry joined the group in declaring who is and who is not a Muslim, drawing derision and mockery from Muslims.
  • State-led efforts to articulate an explicitly “moderate Islam,” can spur precisely the kind of extremist competition it seeks to avoid
  • Constant and cyclical accusations and counter-accusations of who is or is not a “real” believer rarely meet their intended goal, especially for those far removed from religious communities themselves. The United States and its allies have primarily focused on how this rhetoric can bolster their legitimacy and win new allies. But evidence from the region suggests that even when mobilized by those deeply versed in Islam, the strategy can backfire. The line between criticizing takfir and engaging in takfir is difficult to spot until one has crossed it.
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Don't Blame Islam for the Failure of Egypt's Democracy - Bloomberg - 0 views

  • Why has democratic constitutionalism worked relatively well in one North African Arab country while it has crashed and burned in another? And what will the answer tell us about the future of democracy in the Arabic-speaking world, from Libya to Syria and beyond?
  • During his decades in exile, Ghannouchi wrote extensively about the compatibility of Islam and democracy, and developed a relatively liberal vision of how Islam and the state should interact. Skeptics then claimed that Ghannouchi’s views were a cover for a more radical agenda; and some Tunisian secularists still think so. But the evidence thus far is sharply to the contrary. When Islamists called for inserting a reference to Shariah into the Tunisian constitution -- usually the sine qua non for any Islamic political party -- Ghannouchi took seriously the opposition from secularists. In a dramatic showdown with members of his own party’s leadership, he reportedly threatened to resign unless they dropped the measure.
  • Ghannouchi’s position is straightforward: He wants Tunisians to adopt Islamic values, but piety means nothing if imposed by coercion. Islam, he believes, will succeed in persuading people to adopt its truths more effectively if they don’t have its teachings shoved down their throats.
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  • willingness to share governing responsibility is probably the single-most-salient factor separating Tunisia’s relative success from Egypt’s disaster
  • Democracy requires parties to learn to work together and take account of one another’s interests. Those out of power must believe they will eventually be re-elected, and those in power must know they, too, will cycle out. That alone creates incentives to treat the opposition with political consideration and moral respect.
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Against hatred, except of Jews  - NY Daily News - 0 views

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    Question for seminar: how justified are the authors in their attack? Are the competing understandings of what constitutes hate-speech, blasphemy etc reconcilable?
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Equality of the Sexes Contested on National Women's Day : Tunisia Live - News, Economy,... - 0 views

  • First celebrated in Tunisia over fifty years ago, National Women’s Day commemorates the adoption of Tunisia’s Code of Personal Status (CPS), which was promulgated on August 13, 1956. The first law passed after the country gained independence from French rule, the CPS redefined the role of women within Tunisian society. The law outlawed polygamy, banned the wearing of the hijab, established a judicial process for divorce, and required the consent of both parties for a marriage to be considered valid. It also defined men and women as equal citizens and granted the right to comparable wages for men and women.
  • In particular, post-revolutionary power gains by Islamist political parties, such as Tunisia’s Ennahdha party, have led to unease among feminists. “Now, they [Ennahdha] want to take back all that we had achieved,” Saida Rachid stated today to Tunisia Live. “Unlike the reassuring and calming declarations from the Ennahdha party after the [October 2011 Constituent Assembly] elections, claiming that Tunisian women’s rights would remain safe, we are now under serious threat.” Rachid referred to article 28 of Tunisia’s draft constitution as particularly dangerous to women’s post-revolutionary gains. Terming women as man’s “partner,” the clause states that man’s and woman’s roles in the family are “complimentary.” The proposed article was approved by the Commission of Rights and Liberties on August 1 with a vote of 12 to 8, with Ennahdha party members comprising 9 of the votes in favor
  • Ennahdha Constituent Assembly member Souad Abderrahim called the public reaction to the article “very exaggerated.” She explained, “It is still a draft and not a final one…We wrote that women and men are complementary to each other, and not that women complement men. Second, we already mentioned the word ‘equality’ in article 22.”
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