到埃及吗?反对宗教法西斯主义和法律威权主义:纯粹的革命,民众政变,还是军事政变?

M. Arafa
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引用次数: 13

摘要

自从2012年6月30日被罢黜的伊斯兰总统穆罕默德·穆尔西(Mohammad Morsi)就任总统以来,一个重要的问题被提了出来:埃及会成为一个以伊斯兰教法为基础的伊斯兰国家吗?埃及人民排除了极端主义流派和激进伊斯兰主义者所散布的指责,即“公民(世俗)国家”的概念是反宗教的,或者它只对富裕的少数人感兴趣。极端分子的这种不真实的言论和对话误导了人们,因为人类的逻辑和知识表明,一个以公正的法律、公平的法规和尊重人权为基础的国家并不反对宗教,而且符合整个社会的公共利益。此外,玩弄宗教情感,说上帝(安拉)的主权——正如一些严格的古典宗教法学家所争论的那样——而不是人民,通过采用和编纂神权和激进的观念,破坏了法律制度和现代民主公民国家的主要基础,把埃及带回了黑暗时代。因此,这为宪法诉讼中的复杂问题打开了大门,也为根据对伊斯兰法律中神圣主权原则的误解而根据宗教解释制定和废除法律裁决打开了大门。在这个领域,伊斯兰教和伊斯兰主义的合并已经渗透到对埃及民族和个人特征的解释中,导致一位法律和政治学者将穆斯林兄弟会称为“穆斯林”或“伊斯兰”,而称他们的对手为“非伊斯兰”。伊斯兰主义被认为是整个中东阿拉伯世界的一种特定宗教态度的模糊政治化,不能与伊斯兰教作为一种信仰或信仰联系起来。埃及政府和埃及人民都赞成在一个文官民主的埃及为安静、和平的伊斯兰主义者提供一席之地,这些人不希望将埃及的民族特征和政府形式改变为一个伊斯兰宗教神权国家。在埃及,界定和解释“伊斯兰”概念的斗争有着悠久的法律和宪法历史,那些支持政治伊斯兰的人与那些喜欢更世俗的政府形式的人对峙。一般来说,在任何一个国家,国家的主要义务都是维护公共秩序,保护和捍卫其国民。这种责任通常很难与任何非国家动态的问责制协调一致。为了进一步说明“六三”和“七三”事件的深远影响,本文包括导言在内共分四部分。第二部分提供了一个简明的框架,建立了埃及政治的理论和伦理基础。然后,第三部分讨论了埃及相关宗教法律和立法的定义,以及根据伊斯兰教法的灵活定义和解释,特别是在2014年宪法的新规定下,如何在伊斯兰教法下制定这些法律和立法。本文在第四部分的结论是,关于伊斯兰教、伊斯兰主义和政治伊斯兰的讨论只能被理解为关于权力的讨论,并且总是会阻碍任何不能为其生存创造空间的政权(专制和自治)。在目前的现状下,埃及最需要的是伊斯兰教的复兴和宗教复兴,在对伊斯兰教法及其教义进行创新的重新解释的基础上,将其作为自由和自由的对话。无论埃及的最终后果如何,它都会引起动荡,在整个中东和世界其他地区引起共鸣。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Whither Egypt? against religious fascism and legal authoritarianism: pure revolution, popular coup, or a military coup d’état?
One important question has been raised since the now-removed Islamist President Mohammad Morsi took the office of the Republic on June 30, 2012: will Egypt be an Islamic State with legislation based onIslamic (Sharia) Law? Egyptian people expel the accusations proliferated by extremist streams and radical Islamists that the concept of a “civil (secular) State” is anti-religious or that it interests only the prosperous minority. Such untrue discourse and dialogue by extremists misinforms the folks, as the human logic and knowledge shows that a State which is based on just laws, fair statutes, and respect for human rights is not antagonistic to religion, and is in the public interest of the whole community. Furthermore, playing on religious sentimentalities by saying that God’s (Allah’s) sovereignty — as argued by some rigid classical religious jurists — rather than the people destabilizes the legal institutions and main foundations of the modern democratic civil state by adopting and codifying theocratic and radical notions takes Egypt back into the Dark Ages. Accordingly, this opens the door to complicated issues in constitutional litigation, and the enactment and repeal of legal rulings according to religious interpretations based on misunderstanding of the principles of divine sovereignty in Islamic law. In this domain, the conflation of Islam and Islamism has permeated the interpretation of Egypt’s ethnic and personal character, leading one legal and political scholar to label the Muslim Brotherhood as “the Muslims” or “Islamic” while calling their opponents “non-Islamic.” Islamism is considered a vague politicization of a specific religious attitude throughout the Middle Eastern Arabian World and cannot be associated with Islam as a belief or faith. The Egyptian Government, along with Egyptians, are in favor of having a place in a civil democratic Egypt for quiet, peaceful Islamists who would not want to change the State’s national character and the form of its government into an Islamic religious theocracy. The scuffle to define and explain the concept of “Islam” in Egypt has a long legal and constitutional history as those who favor political Islam square off against those who prefer a more secular-oriented form of government. Generally speaking, the state’s main obligation in any country is to preserve public order and protect and defend its national citizens. This duty is generally difficult to harmonize with the accountability of any non-state dynamic. To further illustrate the far-reaching effects of the June 30 and July 3 events, this Article contains four parts including the introduction. Part two provides a concise framework establishing the theoretical and ethical underpinnings of Egyptian politics. Then, part three discusses the definition of the relevant religious laws and legislation in Egypt and how they can be enacted under Islamic law in the light of the flexible Sharia’s definition and interpretation, especially within the new provisions of the 2014 Constitution. This Article concludes in part four by arguing that talks about Islam, Islamism, and political Islam are understood only as discourse about power, and always will impede any regime [tyrannical and autonomous] that does not generate a place for its survival. What Egypt essentially needs at the present status quo — more than anything else — is an Islamic resurgence and religious revival in the light of an innovative reinterpretation of Islam [Islamic law] and its teachings as a dialogue of freedom and liberty. Whatever the ultimate aftermath is in Egypt, it will cause undulations that will resonate throughout the Middle East and the rest of the world.
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