Article 46 of the Egyptian Constitution provides that "The State shall guarantee the freedom of belief and the freedom of practice of religious rites." At first blush this provision, cardinal to the human rights of Egyptians of all religious persuasions, seems to set in stone the right to freely practice any faith. However, read in light of Article 2 of the Constitution, which states that Islamic Law is the principal source of legislation, Article 46 takes on a very different slant.
Islamic or Sharia law is the framework and filter through which the Constitution must be interpreted in Egypt. And, because of certain strict pronouncements in the body of Sharia law applying to Muslims, Article 46 cannot be considered as being a legal footing on which Muslims can legally leave Islam.
Religious Liberty reports that in April last year, 45 Copts converted to Islam but later reverted to Christianity. They wanted their Christian identities to be formally recognised by the courts. The courts however refused the request on the basis that Islamic Law prohibits apostasy. They appealed this decision, successfully, and their case will be heard once again by the Supreme Administrative Court on the 1st September 2007.
Compass Direct reports the difficulties faced by one young man, Mohammed Ahmed Hegazy, who converted from Islam to Christianity when 16, in having his Christian conversion legally recognised. Mr Hegazy applied to have his personal identification papers reflect his Christian identity. The Interior Ministry of Egypt denied his application which then prompted Mr Hegazy to launch legal action against the Ministry appealing their decision. Also, Mr Hegazy (now 24), and his wife are expecting a child and as Christians, they want their child to be born with Christian identity papers in order for their child to have the freedom to live as a Christian. As the child of a Muslim father is automatically deemed Muslim, Mr Hegazy as a Christian wants his child to be automatically deemed a Christian. Mr Hegazy's advocate, Mamdouh Nakhla says that 'This is the first case in the history of Egyptian justice'.
Mr Nakhla and Mr Hegazy have both received death threats for the position that they have taken, also urging other converts to defend their rights. Religious Liberty reports that Academics at Cairo's Al-Ahzar (Islamic University) have declared that while "religion is a private matter, the state may intervene when it becomes a public matter, which it does if the apostasy poses a threat to the public order and to society." They claim an apostate may "constitute the head of the arrow in inciting civil war". Therefore, "he must be treated according to Islamic religious law, and the safety of the national community must be protected – because in such a case the murtadd [apostate] is like anyone spying for the enemy.' (MEMRI, 8 August)
These current legal challenges, although sacrificial and costly for the applicants, will serve a purpose beyond measure. They act as a barometer, providing some clarity for observers both in Egypt and overseas of the social and legal climate surrounding conversions to Christianity. The decisions resulting from these cases should be watched closely. The ramifications of this decision will weigh heavily into the current debate on Islamic conversion to Christianity.
We should continue to pray that religious freedom around the world, in Egypt and across nations, will not be paid lip service but instead will be upheld and respected for all.
REV THE HON DR GORDON MOYES AC MLC