EGYPT: FATHER’S BRIEF CONVERSION TRAPS DAUGHTERS IN ISLAM

Two Christian sisters battle to regain religious identity following forgery charges.

ISTANBUL, October 10 (Compass Direct News) – An Egyptian Coptic Christian woman has been sentenced to three years in prison for failing to uphold her Islamic identity – an identity she didn’t know she had for over four decades.

Sisters Shadia and Bahia Nagy El-Sisi, both in their late 40s and residents of the small east Delta town Mit-Ghamr, were arrested and tried for claiming their official religious identity as Christian. Unknown to them, their religious identity officially changed 46 years ago due to their father’s brief conversion to Islam. Both are illiterate.

Shadia El-Sisi was tried for stating her religion as Christian on her marriage certificate and sentenced to three years in prison on Nov. 21, 2007. She was released two months later. Last Sept. 23 a judge also sentenced Bahia El-Sisi to three years in prison for “forging” her marriage certificate by stating her religion as Christian.

Their father, Nagy El-Sisi, converted to Islam in 1962 during a brief marital dispute in order to divorce his wife and potentially gain custody of his daughters, the sisters’ lawyer Peter Ramses told Compass.

Egyptian law is influenced by Islamic jurisprudence (sharia), which automatically awards child custody to whichever parent has the “superior” religion and dictates “no jurisdiction of a non-Muslim over a Muslim.”

If Bahia El-Sisi’s identity as a Muslim stands, then her religious status could potentially create a domino effect that would require her husband to convert to Islam or have their marriage nullified. Her children, too, would be registered as Muslims. Both women are married to Christians.

“All of their children and grandchildren would be registered as Muslims,” Ramses said. “[The ruling] would affect many people.”

Other sources said it is too soon to determine the fate of the sisters’ marriages and families, as neither of their cases have been finalized.

 

‘But I Am a Christian’

A few years after his conversion, Nagy El-Sisi returned to his family and Christianity. He sought the help of a Muslim employee in the Civil Registration Office, Ramadan Muhammad Hussein, who agreed to forge his Christian identification documents. Reversion back to Christianity for converts to Islam has been nearly impossible in Egyptian courts.

The daughters discovered they were still registered as Muslims when Hussein was arrested for forgery in 1996 and confessed he had helped El-Sisi obtain fake documents three decades earlier. El-Sisi was later arrested.

When the two daughters visited him in prison, they were detained and accused of forging their Christian identification documents, according to national weekly Watani. A criminal court gave them each a three-year prison sentence in absentia in 2000.

Shadia El-Sisi was arrested in August 2007, three days before her son’s wedding. Her first hearing was on Nov. 21, 2007 at the Shobra El-Khema criminal court; she asserted that she had no idea of her so-called conversion to Islam. Judge Hadar Tobla Hossan sentenced her to three years in prison.

Confronted with the sentence, Shadia El-Sisi kept repeating, “But I am a Christian. I am a Christian,” according to Watani.

She was in prison until Jan. 13, when Prosecutor-General Abdel Meged Mahmood retracted the sentence because she was unaware of her conversion by proxy and due to legal technicalities that voided incriminating evidence.

The advocacy group Egyptians Against Religious Discrimination also pressured the judiciary through a signature drive to release her from prison.

Bahia El-Sisi went into hiding following her sister’s imprisonment, but came out after news of her release. Legal experts believe that when Bahia El-Sisi’s case comes before the Supreme Court, her sentence will be retracted as her sister’s was, as their cases have no legal foundation.

Early in the morning of May 5, however, police arrested Bahia El-Sisi and held her in jail until her hearing on July 20, after which she was released pending the verdict.

On Sept. 23 she was sentenced to three years in prison for “forgery of an official document,” as her marriage license states her religion as “Christian.” Bahia El-Sisi was married years before learning of her father’s brief conversion.

Ramses will appeal to Egypt’s Supreme Court in next week. He said he worries the case could further erode the precarious situation of religious minorities in the Muslim-majority country of 79 million.

“How can the government say to [someone] who has lived 50 years in a Christian way that they must become a Muslim and their children must be Muslim and their whole family must all be Muslims?” he said. “This is very important for the freedom of religion.”

Egypt’s constitution guarantees freedom of belief and practice for the country’s Christian minority, which makes up 10 percent of the population. Islam, however, is the official state religion and heavily influences the government and court system.

The case is an example of the social pressure put on Egyptian non-Muslims to convert when one of their parents embraces Islam, despite the constitution guaranteeing equality, said Youssef Sidhom, editor-in-chief of Watani.

“This is a sick environment that we struggle to change,” Sidhom stated. “According to what is taking place here freedom is protected and provided for Christians to convert to Islam while the opposite is not provided.”

Egyptian courts have continued to discriminate against Christians who have one Muslim parent, according to human rights reports, as the judiciary gives them no choice but to convert to Islam.

On Sept. 24 an Alexandria court awarded custody of 14-year-old Christian twins to their Muslim father even though the twins said they were Christians who wanted to stay with their mother. Egyptian civil law grants child custody to their mothers until the age of 15.  

Report from Compass Direct News

EGYPT: COURT GIVES CHRISTIAN BOYS TO MUSLIM FATHER

Despite a fatwa from the Grand Mufti, Alexandria judge denies custody for mother.

ISTANBUL, October 2 (Compass Direct News) – Following the Appeal Court of Alexandria on Sept. 24 granting custody of 13-year-old Christian twins to their Muslim father, their mother lives with the fear that police will take away her children at any moment.

Kamilia Gaballah has fought with her ex-husband Medhat Ramses Labib over alimony support and custody of sons Andrew and Mario in 40 different cases since he left her and converted to Islam so that he could remarry in 1999.

The court ruled in favor of Labib in spite of Egyptian law’s Article 20, which grants custody of children to their mothers until the age of 15, and a fatwa (religious ruling) from Egypt’s most respected Islamic scholar, Grand Mufti Ali Gomaa, giving her custody.

“This decision was dangerous because it was not taken in accordance with Egyptian law but according to sharia [Islamic] law,” said Naguib Gobraiel, Gaballah’s lawyer and president of the Egyptian Union of Human Rights Organizations.

He explained that Egypt’s civic code calls for children under the age of 15 to stay with their mother regardless of their religion. Gobraiel said that sharia tends to favor the Muslim parent in such cases.

“They want to stay with their mother,” said Gobraiel. “They don’t know anything about Islam and sharia. They are Christians and go to church on Sundays.”

The twins have publicly stated their faith, and during a test in a mandatory religious class two years ago they scribbled only, “I am a Christian” on their answer sheets and otherwise turned them in blank. The twins intend to go on a hunger strike if they are forced to live with their Muslim father, whom they hardly know, sources said.

“We only want one thing,” said Gobraiel. “We want the law to be applied in our cases like this one, not the sharia, because the government owes us citizenship. This is a civilized, secular country, not a religious country.”

The decision of the presiding judge, El Sayed El Sherbini, to give the father full custody is not even based on sharia but is purely arbitrary, Gaballah and her eldest son George Medhat Ramses claimed, since the country’s State Mufti had granted custody to the mother in April 2006.

“We don’t want to give them to anyone or comply with the sentence,” Ramses told Compass. “All the legal ways have been wrong to us. We’ve been trying to make it as legal as we can, but the court has not been fair.”

Ramses, 21, who is also a Christian and lives with his mother and two little brothers, said the judged showed bias in favor of his father because he converted to Islam shortly after he left Gaballah.

“The decision was unfair and oppressive,” Gaballah told Compass. “I am treated differently than other Egyptians, as if this is not my own country.”

Gaballah, who has been fighting to keep her sons since the court decided in 2006 that custody of her sons should be given to her ex-husband, fears that her children will grow up without hope and a sense of justice.

“I am so sad and afraid about their psychology,” she said, “because they are facing something that is fundamentally against all the principles I have taught them.”

Gaballah said she is ready to keep fighting with the few means left in her power to keep her sons, even if it means tarnishing her with a criminal record by not handing them over to their father.

“And I’m determined to get justice in my own country, because it is my natural right and my sons’ right,” she said. “I cannot see how I can comply with the people who are taking my rights away from me and taking my children from me to give them to an unworthy father and another woman.”

Labib is now married to his third wife, with whom he has a 4-year-old son. He is a businessman working in exports and travels between Alexandria and Cairo.

Gobraiel said that he intends to send a clear message to Egypt’s President Hosni Mubarak and the international human rights community that judgments like this one are hypocritical on the part of a government that claims to be “civilized.”

“How can they think we live in a civilized and secular country when they are applying sharia law on us?” he asked. “We will send a message to human rights organizations in Egypt and around the world to help us. We are angry and we want to declare it!”

 

Problematic Birth Certificates

Even under their father’s custody, the twins have the legal right to live with whomever they choose in two years, when they turn 15. But Ramses said he doubts the court would let them return to their mother.

“The same law that states that they should stay with mother until the age of 15 is the one that says they can decide where to live after the age of 15,” he explained. “If the court didn’t apply the first part of the law, they won’t apply the second.”

At the age of 16, when Mario and Andrew apply for their identification cards, they will face yet another hurdle, said Ramses. In 2005, Labib went to the population register and changed the twins’ birth certificates from Christian to Muslim, to reflect his own religion.

Now Ramses fears that a Sept. 23 court ruling in the case of Bahia Nagy El-Sisi, sentencing her to prison for three years for “forgery of an official document,” could be what awaits him and his little brothers. Nagy El-Sisi’s father had converted to Islam briefly in 1962, when she was 3 years old, and her documents were never altered to reflect the change as she remained a Christian. She and her sister discovered that their father had temporarily converted to Islam when the sister, Shadia Nagy, tried to issue marriage papers for her son.

Shadia Nagy was sentenced to three years in prison in 2007, also for “forgery.”

“These women are us in the future,” said Ramses.

Over the past few years, as Christians have found out about the twin boys’ case, Ramses said many have called them to give support. Many also have pledged to go on a hunger strike with the boys if they are handed over to their father.

“Christians see them as Coptic heroes and martyrs who stood up in front of all and said they were Christians and held on to it,” said Ramses. “All of them say they see the greatness of their ancestors and Christian heroes of long ago in them … and they carry a lot of respect and love for what they have done.”

Report from Compass Direct News