V. Laws, Decrees and Political Developments

27. The EIPR documented two presidential decrees issued for the renovation of already existing churches in the months of January, February and March. The details of the decrees follow:


a. Decree 97 / 2009, issued 24 March 2009, for the Orthodox Coptic community at the Archangel Michael Church, located in Bani Magd, Manfalout district, Assyout governorate.


b. Decree 98 / 2009, issued on 24 March 2009, for the Catholic Coptic community at the Catholic Coptic church of al-Tuweirat, Qena district, Qena governorate.

28. On 19 March 2009, the Minister of Interior issued a decree amending the Implementing Regulations of the Civil Status Law in response to a ruling issued by the Court of Administrative Justice in January 2008 that obligates the Ministry of Interior to issue official identity documents for Egyptian Baha'is without requiring them to claim affiliation with a particular religion (see paragraph 11 of this report). The decree was issued three days after the Supreme Administrative Court handed down a ruling on 16 March 2009, rejecting the last appeal filed challenging the 2008 ruling. The ministerial decree is the first statute introduced to the Egyptian legal system that regulates the state’s treatment of citizens not belonging to one of the three Abrahamic faiths in matters of civil status. The decree (no. 520 / 2009) amends decree no. 1121 / 1995 that issued the Implementing Regulations of the Civil Status Law, appending the following paragraph to the end of Article 33 of the regulations:


“A dash (—) shall be placed in the slot allotted for religion in the case of Egyptian citizens who have already been documented, or who have received, through themselves or their parents, identification documents that do not claim affiliation with one of the three revealed religions or have a dash placed in the slot for religious affiliation, or pursuant to enforceable court orders. This applies to all other forms and issued documentation appended to this statute, on the condition that an application is made with the Assistant Minister of Interior for the Civil Status Authority or his deputy and is filed at the appropriate register.”


The decree also states that the amendment shall go into effect the day after publication; the decree was published on 14 April, 2009, in no. 87 of the Official Gazette (al-Waqa’ia al-Misriya), the supplement to the official state periodical where all laws and official decrees are published.

29. On 26 January 2009, the Proposals and Complaints Committee in the People’s Assembly approved a bill submitted by independent MP Mustafa Abd al-Aziz al-Gindi that would “criminalize the issuance of fatwas by anyone other than specialists from al-Azhar in the Arab Republic of Egypt.” The bill, a copy of which was obtained by the EIPR, seeks to amend Section 10 of the Penal Code regarding the misappropriation or fraudulent use of professional credentials and titles by adding Article 155 bis, and which would read as follows:


“Anyone who issues a legal opinion [fatwa] in religious matters through any form of media, be it aural, written or visual, without possessing an official credential from the competent authority shall be punished by a term of imprisonment no less than one year and not to exceed three years.”

The MP who drafted the bill stated in the explanatory memo accompanying it that the bill aims to respond to a phenomenon that has gained ground in the media and some books whereby legally uncertified persons are issuing religious legal opinions for which they are unqualified. The bill was forwarded to the parliament’s Constitutional and Legislative Committee, which had not yet discussed it at the time this report was issued. Nevertheless, the bill sparked a debate in the media between supporters, who believe it is a proper means to regulate the issuance of fatwas, particularly those issued through satellite channels, and opponents, who see it as an unconstitutional and illegal restriction on the freedom to demand and issue religious opinions without licensing from any official body.

30. In a meeting held on 26 March 2009, the Islamic Research Council of al-Azhar rejected the tithe (zakat) bill forwarded to it from the People’s Assembly for an opinion. Press reports stated that the council rejected the bill—drafted by Alam al-Din al-Sakhawi, a Muslim Brotherhood MP—on the grounds that it would cause “severe difficulty for Muslims by requiring them to reveal their charitable donations and the names of beneficiaries while restricting their freedom to distribute the tithe as they see fit.” The council added that many years ago it had publicly rejected the idea of imposing any of the pillars of Islam through force of law.

The bill, a copy of which was obtained by the EIPR, contains 79 articles that require and regulate the imposition of the tithe on every Muslim, the scope of the duty, the assets that must be included in calculating the tithe and the administration of tithe funds, including the specification of administrating bodies and the measures necessary to determine, collect and disburse the tithe funds. The bill also contains a section on penalties, stating in Article 63c that “a fine not to exceed twice the value of the tithe or twice the value of assets illegally acquired shall be imposed...on anyone who does not pay the tithe without an acceptable excuse after the required amount has been definitively established.” The bill also addresses the relationship between the tithe and taxes, stipulating that the amount Muslims pay in the tithe shall be deducted from their income tax and vice-versa. In the explanatory brief accompanying the bill, the MP explained that regulating the tithe is necessary to defend against the impact of the global financial crisis and that the tithe can be used as a means to redistribute wealth and income in society.

31. In the period under review, the dispute over the position of supreme sheikh of the Sufi orders continued. The conflict began with the death of Sheikh Ahmed Kamel Yassin, the head of the Descendants of the Prophet Association, the head sheikh of Sufi orders and the sheikh of the al-Rifaiya Sufi order on 21 November 2008, approximately five months after he was appointed to the post (see paragraph 25 of the Third Quarterly Report, 2008). After the Supreme Council of Sufi Orders nominated al-Sayyid Abd al-Hadi al-Qasabi for the post in January 2009, Mohamed Ala al-Din Madi Abu al-Azayim, the sheikh of the al-Azamiya Sufi order, filed a suit (no. 9589 / 63) with the Court of Administrative Justice, which began hearing the petition on 4 January 2009. The plaintiff asked that Abd al-Hadi al-Qasabi’s nomination be rejected and that 11 Sufi orders be abolished and their headquarters closed on the grounds that they are not registered as required by law.

Article 7 of Law 118 / 1976 on Sufi orders states that “the supreme sheikh for Sufi orders is appointed by presidential decree from among the elected members of the Supreme Council of Sufi Orders after consultation with the Council.” No presidential decree had been issued at the time this report was issued.

32. On the evening of 6 February 2009, Egyptian television aired an interview on the “Hadith al-Madina” program with Interior Minister Habib al-Adli in which he addressed several outstanding religious issues in Egypt. Asked about the extent of “Shi'ite influence” in Egypt, the minister stated that “there are Shi'ites in Egypt, but there is no active Shiite influence or movement. Shi'ites in Egypt engage in their regular activities and there are no problems. But this issue, as a result of other considerations in the region, has raised another very serious issue because the difference between religious sects is a very serious matter. It gives rise to extremism and terrorism and sows the seeds of strife in society.”

The minister also addressed the shooting that took place at a gold shop owned by a Copt in Cairo’s Zeitun area in June 2008 (see paragraph 14 of the Second Quarterly Report, 2008) and the robberies of some gold shops owned by Copts saying, “I look at all that is being raised about events unfolding between Muslims and Christians with great sensitivity. It is regrettable that some interpret these as a conflict between Muslims and Christians or the persecution of Christians. In fact, based on my position, responsibility and my own analysis of events, these are run-of-the-mill disputes involving misunderstandings and a certain inflexibility of thought.” Regarding the thefts at some gold shops, he added, “The gold trade is widespread among Christians,” explaining that there were 57 cases of robberies of gold shops, 34 of them involving stores owned by Muslims and 23 stores owned by Christians. And therefore, he said, “The target is the gold.”

33. The Proposals and Complaints Committee of the People’s Assembly witnessed an argument with sectarian overtones on 9 February 2009. The meeting was devoted to a discussion of a bill submitted by MP Ibtisam Habibi Mikhail, a Christian MP appointed by the President. The bill would amend the documentation law to make it legally compulsory to document all marriages, with the objective of limiting the spread of urfi, or customary, marriage. During the meeting, the head of the assembly’s Agricultural Committee, NDP MP Abd al-Rahim al-Ghul, objected to the bill on the grounds that “it should have been submitted by those directly concerned—that is, Muslim MPs.” MP Ibtisam Habib objected in turn noting that there is no difference between Muslim and Christian MPs. The incident was widely covered in the daily and weekly press.

34. The Religious Affairs Committee of the People’s Assembly met on 9 February 2009, to discuss an urgent request for information submitted by Muslim Brotherhood MP Baha al-Din Atiya regarding statements made by the Minister of Culture urging the acceptance of adherents of “earthly religions” in October 2008 (see paragraph 27 of the Fourth Quarterly Report, 2008; “earthly religions,” or al-adyan al-ardiya, normally refers to religions or beliefs other than Islam, Christianity and Judaism). The press reported that during the meeting Muslim Brotherhood MPs launched a scathing attack on the minister because of the statements, which the MPs considered an affront to Muslim sensitivities. The minister’s representative, Dr. Saber Arab, the head of the National Library and Archives Agency, said that the minister did not urge anyone to adopt these beliefs, but rather was stressing the need to interact with adherents of these beliefs, since they constitute more than half the world’s population.

35. The Vatican-Azhar Joint Committee for Dialogue held its annual meeting in Rome, Italy on 24 and 25 February 2009. This year’s topic was the promotion of a pedagogy and culture of peace with a focus on the role of religions. The final declaration of the meeting contained several points, among them that “a culture of peace should permeate all aspects of life: religious formation, education, interpersonal relations and the arts in their diverse forms. To this end, scholastic books should be revised in order not to contain material which may offend the religious sentiments of other believers, at times through the erroneous presentation of dogmas, morals or history of other religions.” The declaration also stressed the strong relationship between peace and human rights and urged special attention be paid to a defense of human dignity and rights, particularly as it concerns freedom of religion and belief. The joint committee was founded in 1998 by the Pontifical Council for Interreligious Dialogue and al-Azhar’s Permanent Committee for the Dialogue with Monotheistic Religions.

36. In its edition of 24 February 2009, the weekly al-Yom al-Sabia published statements by Dr. Yusri Afifi, the director of curricula development at the Ministry of Education, in which he announced that “the ministry has given its preliminary approval for increasing the material devoted to Coptic history in history textbooks, as part of the ministry’s two-year curricula development plan.” Afifi said that the only obstacle to such a change was the divided opinions of experts at the ministry. Some believe that an entire chapter on Coptic history should be introduced to high-school history textbooks while others propose selecting figures from Coptic history and having students study them as public figures from Egyptian history rather than as part of a separate historical era.

37. Several press reports carried the remarks of Ambassador Mushira Khattab, the Secretary-General of the National Council on Childhood and Motherhood, made on 25 February 2009, during a meeting of the Council on the role of the media in supporting children’s rights. Khattab stated that teachers who wear the full-face veil (niqab) should not teach children in schools because it prevents human contact between teacher and pupil. Mushira Khattab was appointed Minister of State for Family and Population in March 2009.

38. On 26 February 2009, Republican Representative Frank Wolf resubmitted a resolution to the US House of Representatives “calling on the Egyptian Government to respect human rights and freedoms of religion and expression in Egypt” (House Res. 200). The resolution was referred to the House Foreign Affairs Committee with support from 20 other representatives, Republicans and Democrats. Wolf submitted a similar resolution in June 2008 that was referred to the same committee, which did not set a date for a discussion of the resolution before the end of the House session (see paragraph 25 of the Third Quarterly Report, 2008).

The resolution, very similar to the one submitted last year, criticizes the Egyptian government for numerous violations of human rights and basic liberties. Regarding freedom of religion and belief, the resolution mentioned the harassment and arrest of Shi'ites, Qur'anists, Jehovah’s Witnesses and other religious minorities, in addition to the discrimination faced by Egypt’s Baha'i minority when attempting to obtain official documents and bans on official Baha'i institutions and activities in place since 1960. The resolution also discussed anti-Jewish sentiment in the official and semi-official press. Regarding the situation of Copts in Egypt, the resolution mentioned the various forms of discrimination faced by Copts in Egypt, such as issues involving appointment to senior public offices, inadequate representation in both houses of parliament, the difficulties involved in building and renovating churches, the lack of protection for victims of sectarian violence and the lack of accountability for perpetrators of such violence, government harassment of Christian converts and encouragement to convert to Islam, and bias against Christians in child custody cases involving couples of different faiths. The resolution also mentions the imprisonment of blogger Karim Amer on charges of defaming Islam and criticizing President Mubarak. It urges the US President and Secretary of State to put human rights and religious freedom at the top of the agenda in any talks with Egyptian officials.

39. The High Mufti Dr. Ali Gomaa again called on the UN “to issue an international law criminalizing the defamation of religions or prophets, affirming that freedom of expression does not justify defamations of religion.” His statements, published in the press on 5 March 2009, came in response to reports that Israeli Channel 10 was broadcasting material disparaging of Islam and Christianity.

40. On 10 March 2009, President Hosni Mubarak gave his annual speech to mark the Prophet’s birthday, again calling for a renewal of religious discourse. He added, “The stagnation of religious discourse leads to extremism, and extremism is the beginning of the road to terrorism.” The president urged religious scholars and imams to stand up to “attempts to divide Egypt’s Muslims and Copts,” citing the fact that the Prophet Mohamed “forbade harming priests in their cells and churches” and noting that Mohamed died “while his armor was being mortgaged by a Jew.”

41. In a statement issued by his office on 29 March 2009, Foreign Minister Ahmed Abu al-Gheit welcomed the UN Human Rights Council’s approval of a resolution submitted by Islamic states, in the forefront Egypt, on the illegitimacy of using freedom of expression to defame sacrosanct beliefs and religions. He added, “Egypt rejects the claim that freedom of opinion allows the reviling of peoples’ sacrosanct beliefs insofar as such practices represent incitement to hatred and constitute a form of racism and bigotry.” The minister asked “Western nations not to falter in facing this growing phenomenon, which obstructs efforts to build bridges of trust and understanding between peoples.” In its tenth session, held in Geneva, Switzerland from 2 to 27 March 2009, the Human Rights Council approved the resolution Combating Defamation of Religions, submitted by Pakistan on behalf of the Organization of the Islamic Conference (OIC), in a vote of 23 for and 11 against, with 13 nations abstaining.

42. In its 31 March 2009 issue, the state-owned daily al-Ahram carried statements made by Dr. Muhammed Sayyid Tantawi, the Sheikh of al-Azhar, during a seminar at Helwan University discussing the problem of Muslim women who live in countries that prohibit the headscarf in some situations. “The headscarf is an Islamic duty required by Islamic law,” he said. “Any women who is prohibited from wearing the headscarf in any non-Islamic country must seek recourse with the courts.” He added, “If the judiciary does right by these women, all the better, but if it does not, they must seek out another country that allows them to wear the headscarf.” It should be noted that in 2004, commenting on the French law that bans displays of religious symbols in public schools, Tantawi urged Muslims to respect the laws of the countries in which they lived.