EGYPT: LAW GRANTING TWINS TO MUSLIM TO BE REVIEWED


Christian mother wins right to high court appeal regarding ruling that favored Muslim father.

ISTANBUL, February 20 (Compass Direct News) – Prosecutor General Abdel Meguid Mahmoud last week granted the mother of 14-year-old twins Andrew and Mario Medhat Ramses the right to appeal a custody decision awarding her sons to their Muslim father.

Muslim convert Medhat Ramses Labib gained custody of the boys last September, contrary to Article 20 of Egypt’s Personal Status Law, which states children should remain with their mother until age 15. The boys’ mother, Kamilia Lotfy Gaballah, won the right to appeal on Feb. 11.

“We all have a little bit of hope, new hope,” said George Ramses, the twins’ older brother. “Of course, they are a little afraid about everything, but generally they are excited.”

With support from the Egyptian Initiative for Personal Rights (EIPR), Gaballah will appeal the Family Court’s decision awarding custody to the father before the Court of Cassation. Family Court decisions are not usually given recourse to the Court of Cassation, one of Egypt’s highest courts, and require special referral from a public prosecutor.

EIPR Director Hossam Bahgat stressed that the Court of Cassation will be examining the law on which the decision was based, not the decision itself.

“The Court of Cassation will pronounce a decision on the legal rule that Christian children, when one of their parents converts to Islam, should be automatically moved to the Muslim parent’s custody,” he said. “So it is very important in terms of changing the legal rule, but according to the law it will not have a direct impact on Andrew and Mario themselves.”

Preliminary hearings are scheduled to begin on March 2.

The twins will celebrate their 15th birthday in June of this year. At 15, Egyptian children of divorcees have the legal right to choose which parent they want to live with. Ramses told Compass that he is skeptical about whether his brothers will be given this right.

“The whole law is that kids should spend the first 15 years with their mum, and then they get to choose who they want to live with,” Ramses said. “[Choosing] is the second part of the rule that was not applied to us, so we don’t know actually what will be the case.”

The boys’ father, Labib, converted to Islam in 1999 after divorcing Gaballah to marry another woman. In 2006 Labib altered the official religious status of the boys and later applied for custody.

 

Covenant Breaches

The boys are now at the center of two separate disputes, both of which have roots in the complex interaction between Islamic and secular law in Egypt: whether children should be automatically awarded to the Muslim parent, and whether they therefore should automatically convert to Islam.

Custody battles between Muslim fathers and Christian mothers have typically been instances where Islamic law has predominated over secular legislation. Sharia (Islamic law), which the Egyptian constitution declares as being the source of law, states that a non-Muslim should not have authority over a Muslim.

In the case of Andrew and Mario, this sharia provision meant that they should not be left under the jurisdiction of their non-Muslim mother. The automatic and compulsory conversion of the twins, following their father’s decision to become Muslim, is the second area of contention EIPR is working on behalf of Gaballah to resolve.

The issue once again shows the contradictory stances of Egyptian civil law, which reflects both freedom of religion and Islamic thought. A fatwa (religious edict) issued by Egypt’s Grand Mufti, Ali Gomaa, regarding the case of Andrew and Mario states, “The religion of the two children should follow their Muslim father’s, unless they change their religion with full will after puberty.”

Although this statement allows Andrew and Mario the right to choose their religion “after puberty,” conversion from Islam is not only extremely difficult in Egypt but also dangerous.

Egypt has ratified a number of human rights treaties allowing advocacy groups like EIPR recourse to international watchdogs and advisory bodies. One of these, the African Commission on Human and Peoples Rights (ACHPR), has agreed to examine the case. The commission has asked both parties to submit written statements by March in preparation for an initial hearing in May.

The European Union of Coptic Organisations for Human Rights (EUCOHR) has also weighed in, petitioning the European Parliament for help.

“We have gone to the European Parliament with a legal document detailing about 30 to 40 breaches of international covenants like the International Declaration of Human Rights,” said Ibrahim Habib, vice-chairman of EUCOHR.

Habib said he hopes involving international bodies such as these will raise the profile of the case and put pressure on the Egyptian judiciary to rule impartially. Such attention could also have positive implications for the much harassed Coptic community at large.

The report filed by EUCOHR and the U. S. Coptic Foundation for Legal Assistance, which explores violations of such pacts as the Convention on the Elimination of All Forms of Discrimination against Women and the International Covenant on Civil and Political Rights, ends with this statement:

“This is a call for justice and to save the two children from the coercion, persecution and injustice with which they are overburdened and, it is respectfully requested that a prompt action be taken to save those children and their future. Also, the annulment of the judgements against the two children is promptly requested.”  

Report from Compass Direct News

PAKISTAN: CHRISTIANS ACQUITTED IN ‘BLASPHEMY’ CASE


Religious reconciliation meetings produce first such acquittal as imams issue fatwa.

ISTANBUL, January 23 (Compass Direct News) – Five Christians charged with “blasphemy” against Islam during April 2007 religious holidays were released on Monday (Jan. 19) after reconciliation meetings between Christian and Islamic leaders – the first verdict to have resulted from such efforts in Pakistan.

A Punjab court released Salamat Masih, 42, his 16-year-old son Rashid, and their relatives Ishfaq, Saba and Dao Masih after a judge acquitted them. Their acquittal and release came through out-of-court meetings between Muslim leaders and a Christian Non-Governmental Organization.

“This is a wonderful sign that has made history,” said Shahzad Kamran, a case worker for Sharing Life Ministries Pakistan (SLMP), which negotiated with the Muslim leaders. “This case can set a precedent for future blasphemy cases against Christians.”

The reconciliation meetings between SLMP and local and national imams began last November. Rather than attempt to settle the matter in court, the legal advocacy group sought out Muslim leaders directly to persuade them that the accused were innocent; the Islamic clerics then compelled area Muslims to drop their charges.

The meetings took place between four Islamic clergymen, National Assembly Representative Mushtaq Ahmed and Sohail Johnson of the SLMP. Ahmed was unavailable for comment in spite of repeated attempts to contact him.

Johnson of SLMP took precautionary measures to keep from being exposed to violence, meeting with the imams in neutral locations away from mosques and Muslim parts of the city. The SLMP team managed to convince the Islamic clerics to release the Christians by persuading them that the alleged blasphemy grew from a misunderstanding.

“There is permission granted in Islamic law that if someone unintentionally commits an offense, it can be reconciled,” Johnson said. “[The cleric] said he would do it because he did not want to bring harm and injustice to the community.”

The Islamic clergymen agreed to issue a fatwa (religious edict) declaring the accused men innocent of blasphemy. The Muslim witnesses in the case withdrew their testimony on Jan. 13, and District Judge Sheik Salahudin acquitted the five men in a Toba Tek Singh court.

The legal advocates involved in the case said they would employ reconciliation in future cases of false blasphemy charges. They said that battling such cases in court can still free innocent people, but it does not help to solve sectarian strife that leads to violence and false charges.

But with reconciliation meetings, “the word of God has affected the hearts of the Muslims and changed their behavior,” Johnson said. “With our good behavior we can change the people.”

The SLMP’s Kamran said the imams declared the defendants innocent because they knew the men did not intentionally insult the Islamic religion. The situation likely escalated because it took place during an Islamic holiday, with the April 2007 Muslim celebration of Eid-e-Millad-ul-Nabi (Muhammad’s birthday) turning into mob violence after the spread of false rumors against Christians. Local Christian Ratan Masih was severely injured. Other Christians fled for fear of their lives, according to SLMP.

Approximately 2,000 Muslims attacked Christian Colony, a Christian neighborhood, stoning houses and torturing Christians, according to an SLMP report. Initially the mob violence began over a quarrel between Rashid Masih’s younger brother Daniel, 12, and a Muslim child named Sunny. In the course of the argument, a sticker fell off Sunny’s shirt that bore the words Yah Rasool Allah, a reference to Muhammad as God’s messenger.

A local resident, Mohammed Farsal, saw the sticker on the ground and accused the Christian children of blasphemy. Violence soon broke out, and police eventually arrested all five men on charges of insulting Islam.

Blasphemy charges against non-Muslims are not uncommon in Pakistan and are typically applied in cases of sectarian violence. Islamic leaders are often under community pressure to blame Christians in these situations.

Human rights lawyers hope this case sets a precedent for future blasphemy cases, with spurious charges of insulting Islam or its prophet becoming more difficult to press.

Other legal cases of blasphemy continue in Pakistan, including the arrest of Munir Masih and his wife Ruqiya Bibi for insulting Islam. They were granted bail yesterday in Kasur.

At the hearing, 20 local Muslims pressured the judge not to grant them bail, according to a report from the Centre for Legal Aid Assistance and Settlement.

On Wednesday (Jan. 21), Hector Aleem from Islamabad was falsely accused of blasphemy, most likely as a backlash to his role as a human rights activist, the report said.

Christian lawmakers in the Muslim-majority country of 170 million hope to curb these legal abuses by abolishing Pakistan’s blasphemy laws.  

Report from Compass Direct News