DEVILS ADVOCATE By Sharif Akram The Candidature of a Jew and  The Yemeni Challenge for Democracy [Archives:2001/06/Focus]

As we read in the news the candidature of Azar Ibrahim Isaac has been refused by the SEC on the grounds of him not fulfilling the conditions pertaining to candidates. The reason, as mentioned in the General Elections Law, is that the candidate should be adherent to the Islamic rituals. He was a candidate of GPC, but he was a Jew so he cannot be a candidate in the elections.
Well, lets see how valid this decision is according to the laws that they claim to stem from.
For the cancellation of the candidature, the law referred to is General Elections Law No. 27/1996 article 51 which says: Every eligible voter shall have the right to apply for candidacy to the parliament within the electoral district of the candidates electoral domicile subject to the following conditions:
1. Be a Yemeni national
2. have attained 25 years of age
3. be capable of reading and writing
4. Be a practicing Muslim with good character and conduct.
Candidates should not have been convicted in court for a crime related to dishonorable conduct unless they have been duly rehabilitated.
Here we see that the candidates should be practicing Muslims. Well, reconsidering the issue, I would just like to refer to other articles in the Constitution of the Republic of Yemen:
Article No.6, The Republic of Yemen confirms its adherence to the UN Charter; the International Declaration of Human Rights. Right here on this spot, I would like to point out that the International Declaration of Human Rights clearly underlines that the state should not make a distinction among its citizens regarding race, ethnicity and religion. So this law conflicts with the constitution without any doubt, but there is more to come
Article No.40, Citizens are all equal in rights and duties I do not think that any further explanation is needed for this article
Article No. 42, The citizen has the right to elect and nominate himself as a candidate in an election, as well as the right to demonstrate his opinion in a referendum. The law shall regulate the provisions regarding the practice of this right. Well, if we consider this article, the Jews of Yemen – in whatever numbers they remain in the country – actually cannot be citizens of this country because they do not have the right to be candidates.
Interestingly enough, Article 63 of the same constitution also talks about the candidacy, but contradicting the law. It says in paragraph 2 point d; A candidate must be of good character and conduct, fulfill his religious duties and Am I mistaken or does it read as religious?? Well, as far as I know, there is not only one religion in the world, and Isaac might fulfill his Jewish religious duties, so what happens now?
Next is even more interesting, lets go to Article 9 of the Local Elections Law: All the people, within their administrative units shall have the right to nominate and elect the members of their particular local councils in accordance with the provisions herein stipulated and the Law for General Elections. Does it really say, all the people? Are not Jews people? If not, could somebody explain to me what they are?
Last but not least is one of the basic principles of the Yemeni Constitution: Chapter I article no. 3, Islamic Shariah is the source of all legislationWhat this means is that all Yemeni laws should be according to the Holy Quran, Hadith and Fiqkyh, etc. So let us forget for one moment about Isaacs candidature and go back to being a practicing Muslim. Who is going to decide who is a practicing Muslim? Or let us put the question this way, according to our religion, does any human being have the right to judge what kind of a Muslim the other is? The basic application and the rule of our religion is that Islam is between the human being and God. No one has the right to judge the others religious level. Only he and only God will know what is in the heart of the people!
Take the Quran as reference; a few examples that come to mind first, the Ayets of Bakara 256 and Saf 2-3, the hadith saying, God will not look to your appearance or faces. He will see inside your heart.
Can anybody explain to me that the people who made our constitution can actually evaluate our sevab and haram? If so why wait till the Judgement Day? Just come to Yemen, where all our leaders are practicing Muslims and have the power and authority to judge how good Muslims we are!
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