Islam Law and Human Rights in the Middle East

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Law 32 of 2002 requires that prospective societies apply to the Ministry of Social Affairs for a license. One clause of the law forbids members of trade unions and professional syndicates to form any association to pursue activities appropriate to that union or profession (Zubaida 1992: 8). The Ministry of Social Affairs may also refuse the formation of a society because there is no need for it or because an existing society fulfills the same function. Moreover, the Ministry can even dissolve the board of management of a society and appoint his own nominees for a maxium period of three years. The appointment then has control over the society’s funds, as well as the ability to amalgamate it with another society. In addition to these requirements, there are also subject to internal governance (Article 34), activities (Article 48), Funding (Article 17), Fiscal Regime (Article 13) among others (Zubaida, 2002: 7).
Despite powers afforded to the Ministry by Law 32, unions and professional syndicates are the height of public life in Egypt. Most notably, the lawyers’ syndicate has been at the forefront of the campaign for human rights and the rule of law. As Eddin Ibrahim mentions above, representation of workers at a public level are a necessary component of civil society. Indeed, the Egyptian unions are the drivers of formal representation on boards and for communication between workers, management and government (Zubaida 2002:8). They also lobby social welfare benefits to their members, and are avenues for education training and promotion. However, unions and syndicates remain closely tied to government. Zubaida explains that only the existing single union for each industry remains licensed and the formation of independent unions is f...

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...tself. It has so far been attempted to combine both ‘Islamic’ and ‘democratic’ standards where there are similarities and test these standards upon two Islamic states: Egypt and Saudi Arabia. Yet, as the law of Saudi Arabia shows above, an ‘Islamic state’ can interpret the Qu’ran to leave no room for genuine freedom of association, freedom of speech or a community that its participants can participate in. In this way, it is possible to have an Islamic state that does not fit the test, where civil society protests are simply not a part of their society for cultural and social reasons. The idea that Badawi’s father may charge him with disobedience to the Qu’ran may seem foreign to us, but the idea of a need for civil society protest may be equally foreign in Saudi Arabia. We should be cautious of imposing democratic standards on a state that is not suited to democracy

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