“The constitution is the backbone of any nation,” Judge Mohamed Abdelaziz Ibrahim profoundly stated at KARAMAH on the evening of December 10th. Because constitutions define a nation’s core principles, KARAMAH invited the United States Commission on International Religious Freedom (USCIRF) for a joint briefing with Judge Ibrahim, a Justice in the Egyptian Judiciary, Judiciary Affairs Officer and Shariah expert at the United Nations. USCIRF’s Deputy Director for Policy and Research Elizabeth Cassidy Esq. and Director of Policy and Research Knox Thames, Esq. presented USCIRF’s recently released report “The Religion-State Relationship and the Right to Freedom of Religion or Belief: A Comparative Textual Analysis of the Constitutions of Majority Muslim Countries and Other OIC Members.” USCIRF came to KARAMAH to introduce this new study on the constitutions of Muslim-majority countries. KARAMAH broadened the discussion by highlighting an expert’s opinion on Shari’ah and constitutional law in Egypt through Judge Ibrahim’s comments.
Judge Ibrahim’s statement summarized a key theme of the briefing– understanding constitutional texts in their entirety in order to identify threats to religious freedom in given countries. Mr. Thames and Ms. Cassidy noted nuanced explanations of the report’s methods and a synopsis of its purpose.
“The study is both descriptive and analytical,” Ms. Cassidy said. “This group was chosen because these countries constitutions were very likely to be influential when other OIC- member states are drafting or revising their constitutions. The study then analyzes how these provisions (constitutional) compare to international human rights standards.”
The goal, as Mr. Thames mentioned, was to investigate the relationship between constitutional texts of OIC nations. In doing so, the Commission could better evaluate the status of religious freedom, specifically for minorities.
“Religion matters, and it matters a whole lot,” Mr. Thames said. “From worship to prayer, births to funerals, weddings to holy days…for billions of people around the world, religion remains the inescapable source of identity, motivation and meaning. And because religion matters, so does religious freedom.”
Judge Ibrahim offered a comprehensive critique of the report. Among other points, the judge called for investigation of non-OIC nation constitutional texts as well. Violations of religious freedom and problematic constitutional texts and laws, he reminded the audience, manifest themselves across the globe. Additionally, Judge Ibrahim emphasized the importance of analyzing the text of constitutions in their language—much of the meaning is lost in translation. Judge Ibrahim emphasized studying too the morals and values driving the creation of constitutional texts. The text alone, he explained, is not sufficient for analysis by itself. Lastly, he offered a point about “justice relativism.” Perceptions of justice, fairness and equality differ greatly depending on one’s background. Drawing conclusions about what is and what is not “just” can be problematic.
An open question and answer session followed panelists’ statements. Many posed questions about specific OIC nations with new constitutions, such as Egypt. Additionally, many asked basic questions about nuances of Islamic law and the rights of religious minorities in Muslim-majority countries. While these questions directed focus away from the subject of constitutional texts, discussions revealed the interest of the audience in a broader discussion involving the nuances of constitutional law generally and Shari’ah law particularly. KARAMAH continues to address such issues and looks forward to hosting another briefing with USCIRF following completion of their annual report in 2013.
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