Tuesday , March 2 2021

The strangeness of the constitution in the Arab world



Lobster Abu Al-Kasim Al-Kikli

Issuing written laws that regulate people’s daily lives in commercial transactions, marital relationships, etc. Knowing and imposing penalties for transgressions, transgressions and crimes is an ancient phenomenon that originated in Mesopotamian civilizations.

However, these laws did not establish a relationship between rulers and ruled. This legal development, which came to be known as the constitution, was delayed and helped by certain events in some societies.

The idea of ​​constitutions appeared to the Greeks, so several Greek cities-states had constitutions that mixed between the ordinary and the written.

However, the first constitution that determines meaning is written by Solon, who was elected ruler of Athens in 592 BC. Among the constitutional steps taken to establish the Four Hundred Council, made up of the four tribes of Athens, and the task of this council is to determine the projects to be submitted to the Senate. And he revived the People’s Assembly, which had all the citizens and was entrusted with the election of rulers, and all public servants and pimps were held accountable at the end of their work.

Rome underwent great developments in political life. Many councils and bodies were set up to regulate people’s lives, including the Senate, which was considered the highest authority in Rome.

In today’s age, the first constitution, as the name implies, is the United States Constitution, which was drafted in 1776, which is the Constitution of the Confederacy, and then the Constitution of Federalism, which was drafted in 1789.

The first constitution in the Islamic and Arab worlds was called the “Security Pact”, proclaimed in Tunisia in 1861 during the reign of Muhammad al-Sadi Beja, and was based on the “Security Pact” document issued in 1857 during the reign of Ahmed Bey. This constitution has amended the Tunisians’ rights and obligations, regardless of religion, social or political status, and guarantees the separation of the three powers: the legislature, the executive and the judiciary.

It is considered to be the first secular constitution * in the Islamic and Arab world.
The “Basic Law” promulgated in Turkey in 1876 is the first constitution of the Ottoman Empire.

However, the problem was reflected in the abortions that followed these institutional steps, as the Constitution of the Security Pact was terminated less than four years later, and the Ottoman Constitution, the Basic Law, lasted only one year.

Perhaps this abortion was due to the fact that the enactment of these two constitutions was not the result of internal development and internal disputes within society, but rather an urgent response to European pressure on the one hand and small, enlightened national elite movements interested in such development.

In the second half of the twentieth century, the constitutions of Tunisia and the former democratic Yemen are the only secular constitutions in the Arab world.

The idea of ​​the Constitution, its content and its dimensions are still under discussion, attack and defense in the Islamic world and the Arab world, and this stems from the anti-secular stance.

* The adjective “secular” here is only a filler, because the constitution must be scientific in nature. Otherwise, it is a religious “law” that contains orders and prohibitions related to permissibility and forbidden and some moral laws. This does not apply to the relationship between the ruler and the ruler and to the people’s organizations that monitor the actions of the authorities and the application of the law, that is, the people’s participation in government affairs.




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