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tabsir.net: Arab Constitutions and American Freedoms

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Virginia Bill for Establishing Religious Freedom; source, Library of Congress By Anouar Majid, Tingis Redux, January 8th, 2013 The deeply contentious referendum on Egypt’s new constitution last December 2012 gave me some hope that not all is lost to Arabs and Muslims in the aftermath of the revolutions that toppled dictators in the last two years. Given the rapid Islamization of the public sphere in much of the Arab world in the last few decades, I was expecting something close to a landslide, not a small voter turnout and a modest 63.8 percent in favor of the charter. As it turns out, there are still pockets of resistance that oppose the Muslim Brothers and their agenda, even though, as the New York Times columnist Thomas Friedman noted at that time, the divisions are not necessarily between Islamists and secular liberals. The fault lines in Egypt seem to be more varied than what is broadcast in the United States. Be that as it may, the thing that concerns me the most is what the Western media is talking about, i.e., the clash between those who want a nation governed by divine law and those who don’t want religion to be the absolute reference in legislation. In November 2012, I had the opportunity to make the case for the separation of state and religion to people who participated or are actually participating in the drafting of constitutions in Morocco and Tunisia, a person who ran in the last presidential race in Egypt, members of the Tunisian parliament, a leader of a major Egyptian political party, and many others who are playing some role in the future of North Africa and the Middle East. I also explained why, at this crucial juncture in the region, Arabs and Muslims can’t do better than learn from the American constitutional process and especially the reasons for separating state and religion. Fewer documents explain more powerfully the reasons for doing so than the Virginia Statute for Religious Freedom, first written by Thomas Jefferson in 1777–only a year after he drafted the Declaration of Independence–and enacted into law in January 1786, with the crucial help of James Madison. Jefferson was so proud of Virginia’s Religious Act that he wanted it noted on his epitaph. (more…)

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