EGYPT: JUDGE EJECTS LAWYER FOR CHRISTIAN FROM COURT


Dispute over evidence stalls bid by convert from Islam to change official ID.

ISTANBUL, January 13 (Compass Direct News) – An attempt by an Egyptian convert from Islam to legally change the religion listed on his identification card to “Christian” hit a setback on Jan. 6 when a judge ordered security personnel to remove his lawyer from court.

Attorney Nabil Ghobreyal was expelled from the courtroom at Cairo’s Administrative Court following a heated argument with Judge Mohammad Ahmad Atyia.

The dispute arose after Atyia refused to acknowledge the existence of legal documents detailing the successful attempt of a Muslim man to convert to the Baha’i faith. Ghobreyal had planned to submit the court records of the decision in support of his case.

The convert from Islam who is trying to legally convert to Christianity, Maher Ahmad El-Mo’otahssem Bellah El-Gohary, first submitted his request to alter the religious status stated on his ID in August 2008. He follows Muhammad Hegazy as only the second Egyptian Christian convert raised as a Muslim to request such a change.

El-Gohary received Christ in his early 20s. Now 56, he decided to legally change his religious affiliation out of concern over the effects that his “unofficial Christianity” has on his family. He said he was particularly concerned about his daughter, Dina Maher Ahmad Mo’otahssem, 14; though raised as a Christian, when she reaches age 16 she will be issued an identification card stating her religion as Muslim unless her father’s appeal is successful.

At school, she has been refused the right to attend Christian religious classes offered to Egypt’s Christian minorities and has been forced to attend Muslim classes. Religion is a mandatory part of the Egyptian curriculum.

El-Gohary also has charged that his nephew was denied a position in state security agencies because of his uncle’s religious “double life.”

“Why should my family pay for my choices?” said El-Gohary in a report by The Free Copts.

No date has been set for resumption of court proceedings, which, due to the dispute, will reconvene under a different judge.

Ghobreyal said he plans to submit a complaint to the High Administrative Court requesting an investigation of Atyia and the expulsion from court. “I am willing to continue the fight,” Ghobreyal told Compass through a translator, saying he remains hopeful of a positive outcome.

Despite a constitution that grants religious freedom, legal conversion from Islam to another faith remains unprecedented. Hegazy, who filed his case on Aug. 2, 2007, was denied the right to officially convert in a Jan. 29 court ruling that declared it was against Islamic law for a Muslim to leave Islam.

The judge based his decision on Article II of the Egyptian constitution, which enshrines Islamic law, or sharia, as the source of Egyptian law. The judge said that, according to sharia, Islam is the final and most complete religion and therefore Muslims already practice full freedom of religion and cannot return to an older belief (Christianity or Judaism).

The seminal nature of the El-Gohary and Hegazy cases is part of what makes them so controversial, according to Gamal Eid, director of the Arabic Network for Human Rights Information.

“First, there is no experience – this is a very new question, it has made judges and lawyers confused,” he said. “The second thing is that many judges are very religious, for many of them it is based on their religion, their thoughts; the law itself allows for people to convert, so that’s what we’re trying to do, have a decision based on law not on sharia.”

Eid attributed much of the reluctance to grant conversion to this religious bias.

“If the Minister of the Interior respected the law, we would not need to go to court,” he said. “The law says clearly that people can change their address, their career, their religion, they only have to sign an application and then they can have a new ID; the law allows people to convert from any religion to another.”

Egyptian President Anwar Sadat amended the constitution in 1980 to make sharia the main source of legislation in order to bolster support from Islamists against his secular and leftist rivals. Legal experts say there are two views of how sharia is to influence Egyptian law: That it is to be enforced directly in all government spheres, or that it is only to influence shaping of law by legislators and is not to be literally enforced by courts or other bodies.  

Report from Compass Direct News

EGYPT: ANOTHER CONVERT TRIES TO CHANGE RELIGIOUS IDENTIFICATION


Only second case of Muslim-born Egyptian endeavoring to officially alter affiliation.

ISTANBUL, August 7 (Compass Direct News) – One year after the first attempt by an Egyptian Muslim convert to Christianity to change his religious identity, another convert this week became the second to make such a controversial legal request.

After 34 years of practicing Christianity, 56-year-old Maher Ahmad El-Mo’otahssem Bellah El-Gohary filed a case at the State Council Court on Monday (August 4) to replace the word “Muslim” on his identification card with “Christian.”

El-Gohary is the second person raised as a Muslim to make such an appeal to the Egyptian government after Muhammad Hegazy, who filed his case on Aug. 2, 2007. Hegazy’s case was denied in a Jan. 29 court ruling that declared it was against Islamic law for a Muslim to leave Islam.

“He can believe whatever he wants in his heart, but on paper he can’t convert,” the judge had told the administrative court, according to a member of Hegazy’s legal team.

The judge had based his decision on Article II of the Egyptian constitution, which enshrines Islamic law, or sharia, as the source of Egyptian law. The judge said that, according to sharia, Islam is the final and most complete religion and therefore Muslims already practice full freedom of religion and cannot return to an older belief (Christianity or Judaism).

“I am so surprised by the Administrative Court verdict refusing the case of Hegazy,” said one of El-Gohary’s lawyers, Nabil Ghobreyal. “This is against all the international conventions as well as the [Egyptian] constitution and Islamic law, which guarantee the freedom of belief.”

Ghobreyal said that if his client could not claim his rights in Egypt, he was determined to take the case to the U.N. International Court of Justice in The Hague, Netherlands.

“No human has the right to choose the religion for someone else or to force him to embrace it, and no court has the right to order different religions in degrees,” Ghobreyal said.

Hegazy’s open declaration of conversion last August, the first of its kind in modern Egypt, caused public outcry. His father told the press that he would kill his son if he did not return to Islam. Since the court’s denial of Hegazy’s appeal, he and his wife have been in hiding with their baby due to numerous, serious threats on their lives.

“I wish for all converts to have one huge case, so that together we could show the world what is lacking in our rights,” Hegazy told Compass in an interview last week. Hegazy and legal experts have said that one case alone would not stand in court, but that many cases of converts should be filed concurrently in order to have any sway.

 

Impact on Daughter

El-Gohary accepted Christianity as a young man in his early twenties after becoming curious about the Bible. Through reading, he was convinced that the New Testament said the truth about Jesus. His family opposed his choice of faith and repeatedly pressured him to come back to Islam.

In an interview with Compass in November 2003, El-Gohary said that often he would come home to his farm in an undisclosed location to find his property vandalized. At that time he was considering leaving Egypt for the sake of his daughter.

“We want to live in a place with no persecution,” he had told Compass. He said he could make ends meet with his inheritance money, “but I’m afraid for my little girl, for her future. She loves Jesus so much.”

The convert has raised his 14-year-old daughter, Dina Maher Ahmad Mo’otahssem, as a Christian, and she has also embraced Christianity. When she turns 16 she must be issued an identity card designating her faith as Muslim unless her father can win this case on her behalf.

At school, she has been refused the right to attend Christian religious classes offered to Egypt’s Christian minorities and has been forced to attend Muslim classes. Religion is a mandatory part of the Egyptian curriculum.

The case of the father-daughter duo was filed against Minister of Interior Habib El’Adly, the president of the National Council of Human Rights and former U.N. Secretary-General Boutros Boutros-Ghali.

“Man chooses his god and His God calls him, and there is no power on Earth that can separate them,” El-Gohary and his lawyers wrote in the appeal filed earlier this week. “He is totally free to reach Him as his mind leads him.”

El-Gohary’s lawyers criticized the decision of the court in Hegazy’s case to establish a hierarchy among religions, making Islam the highest.

“No court can decide for God how and to what standard religions are ordered, nor intervene in a person’s freedom to believe, since God will judge them and their choice,” they wrote.

The appeal stressed that the case was that of an Egyptian citizen and was filed on the basis of his individual freedoms granted in the Egyptian constitution and international conventions of human rights. When El-Gohary embraced Christianity, the document stated, he did so “believing that personal faith is a relationship between man and God” and was not a sectarian issue.

Report from Compass Direct News