Constitution

Egypt 2012 Constitution

Table of Contents

Part I. State and Society

Chapter 1. Political principles

Article 1.

Nature of the Republic, and of the Egyptian people

The Arab Republic of Egypt is an independent sovereign state, united and indivisible, and its system is democratic. The Egyptian people are part of the Arab and Islamic nations, are proud of belonging to the Nile Valley, to the African continent and to Asia. The Egyptian people contribute to human civilization.

Article 2. Religion, language and source of legislation

Islam is the religion of the state and Arabic is its official language. The principles of Islamic Sharia are the principal source of legislation.

Article 3. Christian and Jewish religious affairs

The principles of Christian and Jewish laws are the main source of legislation for followers of Christianity and Judaism in matters pertaining to personal status, religious affairs and nomination of spiritual leaders.

Article 4. Al-Azhar

Al-Azhar is an encompassing independent Islamic institution, with exclusive competence over its own affairs. It is responsible for preaching Islam, theology and the Arabic language in Egypt and throughout the world. Al-Azhar’s Council of Senior Scholars is to be consulted in matters relating to Islamic Sharia.

The state ensures sufficient funds for Al-Azhar to achieve its objectives.

Al-Azhar’s Grand Sheikh is independent and cannot be dismissed. The method of appointing the Grand Sheikh from among members of the Council of Senior Scholars is to be determined by law.

The foregoing is regulated by law.

Article 5. Sovereignty

Sovereignty belongs to the people. The people exercise and protect sovereignty, and safeguard their national unity. The people are the source of power. This is as provided in this Constitution.

Article 6. Democratic principles

The political system is based on the principles of democracy and consultation, citizenship (under which all citizens are equal in rights and public duties), political and multi-party pluralism, the peaceful transfer of power, the separation and balance of powers, the rule of law, and respect for human rights and freedoms. All of the foregoing is as provided in the Constitution.

It is prohibited to form a political party that discriminates between citizens, whether on the basis of gender, origin or religion.

Article 7. The duty to safeguard national security and conscription

Safeguarding national security, defending the motherland and protecting its soil is an honour and a sacred duty. Conscription is obligatory and is organized by law.

Chapter 2. Social and ethical principles

Article 8. Social justice, equality and freedom

The state guarantees the means to achieve justice, equality and freedom, and is committed to facilitating the channels of charity, social support and solidarity between members of society. The state ensures the protection of persons, dignity and property, and works toward achieving sufficiency for all citizens. The foregoing is within the limits of the law.

Article 9. Safety, security and equal opportunity for all

The state commits to ensuring safety, security and equal opportunity for all citizens without discrimination.

Article 10. Family as a basis of society

The family is the basis of society and is based on religion, morality and patriotism.

The state and society oversee the commitment to the genuine character of the Egyptian family, its cohesion and stability, and the consolidation and protection of its moral values. The foregoing is as organised by law.

The state guarantees maternal and child services free of charge, and guarantees the reconciliation between the duties of a woman toward her family and her work.

The state provides special care and protection to breadwinning and divorced women as well as widows.

Article 11. Ethics, public morality and public order

The state safeguards ethics, public morality and public order, a high level of education and of religious and patriotic values, scientific knowledge, Arab culture, and the historical and cultural heritage of the people. The foregoing is in accordance with the law.

Article 12. Cultural and linguistic characteristics of society

The state protects the cultural and linguistic characteristics of society, and works towards the Arabization of education, science and knowledge.

Article 13. Institution of civil titles

The institution of civil titles is prohibited.

Chapter 3. Economic Principles

Article 14. The National economy

The national economy aims to achieve a comprehensive, sustainable development plan, improve living standards, achieve prosperity, eliminate poverty and unemployment, increase work opportunities, production and gross national product.

The development plan works to establish social justice and cooperation, to ensure equitable distribution, to protect consumer rights, and to safeguard the rights of workers. The development plan works towards ensuring that capital and labor share the burden of development costs, and the equitable distribution of revenue.

Wages are linked to production, the income gap shall be bridged, a minimum wage that guarantees a decent standard of living for all citizens shall be established, and a maximum wage in civil service positions is established with exceptions regulated by law.

Article 15. Agriculture

Agriculture is an essential asset of the national economy. The state commits to protecting and increasing farmland, and works to develop crop and plant varieties, to develop and protect animal breeds and fisheries, to achieve food security, to provide the requirements of agricultural production, its good management and marketing, and support agricultural industries.

The law organizes the use of state land, in such a way as to achieve social justice, and protect farmers and agricultural labour from exploitation.

Article 16. Development of the countryside and of the desert

The state is committed to the development of the countryside and the desert, and works to raise the standard of living of farmers and inhabitants of the desert.

Article 17. Industry

Industry is an essential component of the national economy. The state protects strategic industries, support industrial development, and ensures the national adoption of new technologies and their implementation.

The state fosters small and handicraft industries.

Article 18. Natural resources and the disposition of state property

The state’s natural resources belong to the people, who have a right to their revenues. The state commits to preserving such resources, to their sound exploitation, and to take into consideration the rights of future generations.

It is prohibited to dispose of state property, or to grant the right to privilege to exploit such property, or to grant a concession to a public utility, except as permitted by law.

All capital that does not have an owner belongs to the state.

Article 19. The Nile River and water resources

The Nile River and water resources are a national wealth. The state is committed to conserving and developing them, and preventing abuse. The use of such resources is organized by law.

Article 20. The protection of coasts, seas and waterways

The state commits to protecting its coasts, seas, waterways and lakes, to maintaining monuments and nature reserves, and to removing any encroachments.

Article 21. The ownership of property

The state guarantees and protects the legitimate ownership of all kinds of public, cooperative and private property and endowments, in accordance with what the law organises.

Article 22. The inviolability of public funds

Public funds are inviolable and the state and society have a national duty to safeguard them.

Article 23. Cooperatives

The state sponsors and supports cooperatives in all forms and guarantees their independence.

Article 24. Private property

Private property is protected and has a function in the service of the national economy without deviation or monopoly. The right to inherit property is guaranteed. Private property may not be sequestrated except in cases specified by law, and with a court order. Ownership of property may not be confiscated except for the public good and with just compensation paid in advance.

The foregoing is organized by law.

Article 25. Charitable endowments

The state is committed to reviving and encouraging the system of charitable endowments.

The law organizes endowments, the manner in which they are established, the management of its finances, their investments and the distribution of proceeds to the beneficiaries, according to the terms of the trustee.

Article 26. Taxation

Social justice is the foundation of taxation and other public finance duties.

Public taxes cannot be established, modified or cancelled except by law. There can be no exemptions except in cases prescribed by law. It is prohibited to require anyone to pay additional taxes or fees except within the limits of the law.

Article 27. Workers’ share in management

Workers will share in the management and profits of enterprises. They are committed to the development of production, to protecting its means and to the implementation of its strategy in their production units, in accordance with the law.

Workers’ representatives may constitute up to 50 percent of the members of the boards of directors of public sector units. The law guarantees that small farmers and small craftsmen’s representatives should constitute no less than 80 percent of the boards of directors of agricultural and industrial cooperatives.

Article 28. Savings

Saving is encouraged by the state. The state safeguards savings, as well as insurance and pension funds.

This is organized by law.

Article 29. Nationalisation

Nationalization is allowed except for the public interest, based on a law and against fair compensation.

Article 30. Confiscation of property

Public confiscation of property is prohibited.

Private confiscation is prohibited except based on a court judgment.