| المستخلص: |
The paper tackles a number of topics on which some scholarly papers were writ¬ten as an assignment from the noble Azhar. They were commissioned to help its representatives in the 50th constitution committee write the final draft of the constitutional amendments after the suspension of the 2012 constitution. The author selected some of these papers and elaborated, revised, and edited them. He them put them in this study under the name "Constitutional Papers"; they discuss the following issues: 1- Critical points of view on article no. 219 of the 2012 constitution It tackles in detail a group of formal and substantive defects in the article which include violating constitutional norms, defective repetition, ambiguity and gen-eralization, racial discrimination, and the addition pointless arguments. 2- The meaning of "Islam is the state religion" It tackles the objections raised that the state is a legal entity which has no re-ligion. It clarifies the linguistic, legal, and customary validity of this expression and its prevalence in many of the constitutions of the world. 3- The concept of identity It tackles the notion of identity, the importance of its determination and its ef¬fect on both the individual and the society. 4- Jurisprudence and Islamic law It comprises juristic and Islamic legal definitions, explains the relation between them, and demonstrates that jurisprudence is part of Islamic law which is more general. 5- On the principles of Islamic law It includes the linguistic and technical uses of the word "principles", establishes the legal axiom "What matters is what is designated not the designation itself", discusses the reason behind using both linguistic compositions and the princi-ples of Islamic legal theory in understanding legal texts, and the conflict between linguistic and customary meanings. Finally, it discusses the selected formula of the second article of the constitution followed by a section on the constitutional status of the second article. 6- A study on two proposed texts on the constitutional article related to freedom of religion and freedom of practicing religious rites.
|
