Couple goes into hiding as police place Islamic law over Egyptian penal code.

ISTANBUL, April 23 (Compass Direct News) – Christian convert Raheal Henen Mussa and her Coptic husband are hiding from police and her Muslim family for violating an article of Islamic law (sharia) that doesn’t exist in the Egyptian penal code.

Police arrested Mussa, 22, on April 13 for marrying Sarwat George Ryiad in a customary marriage (zawag al ‘urfi), an unregistered form of matrimony in Egypt made without witnesses. It has gained popularity among Egyptian youth but is not sanctioned by most Islamic scholars.

The two signed a marriage contract between themselves. Only Ryiad and their attorney have a copy. Police have not obtained a copy of the contract, but they used its existence as a pretext for arresting Mussa.

According to a strict interpretation of sharia, Muslim women are not permitted to marry non-Muslim men, although the opposite is allowed, and Article 2 of the Egyptian Constitution stipulates that sharia is the basis for legislation.

The two have not committed a crime according to Egyptian law since they didn’t seek official marriage status, but police and Mussa’s family are pursuing them because they violated Islamic law, advocacy groups say.

“They have not violated the law, but the family and the police are applying their own unwritten law,” said Helmy Guirguis, president of the U.K. Coptic Association. “Islamic law interprets that if a Muslim girl marries a non-Muslim man, even on paper, they are breaking the law of God, not the law of man.”

The two could not get married in an official ceremony since Mussa is considered a Muslim by birth, and changing one’s religious status away from Islam is impossible in Egypt. A lawsuit is pending, however, for a Muslim-born man to change his status on his identity card.

Formerly known as Samr Mohamed Hansen, Mussa converted to Christianity three years ago, before marrying Ryiad. Police arrested her as she came home from her workplace at a Cairo salon. They identified her by the Coptic cross tattoo on her right arm – a common mark among Copts.

She was transferred to a station operated by the secret police, where she stayed until Sunday (April 19), when her family took her. While in their custody, her family completely burned off her cross tattoo, according to the U.K. Coptic Association.

Mussa escaped from them on Tuesday (April 21). She and her husband fled Cairo and are in hiding. If the two are caught, advocates fear, they could be forcibly separated, arrested and beaten, with Mussa being returned to her family.

Sharia influence in Egyptian law also means that Muslims have the right (hisbah) to file a lawsuit against someone who has violated the “rights of God.” This provision, advocates fear, means Mussa and Ryiad’s unsanctioned marriage could make them targets of Muslim extremists wishing to apply the full extent of this law.

The most famous example of hisbah’s application came in 1995, when Cairo University professor Nasr Abuh Zayd was declared an “infidel” and forcibly divorced from his wife for criticizing orthodox views of the Quran.

Ryiad and Mussa were not married in a Coptic ceremony, as many churches avoid marrying registered Muslims to non-Muslims for fear of being targeted by authorities and Islamic extremists.

“Nobody [in Egypt] can declare the marriage of a Coptic man to a Muslim girl,” attorney Naguib Gabriel told Compass. “It would be very dangerous to the life of a priest.”


Marriage Woes

Mussa and Ryiad’s case is the latest in a spurt of recent arrests and lawsuits against those who don’t adhere to the Islamic-influenced dictum that Muslim women may not marry non-Muslim men.

In October 2008, a Cairo court handed Father Metaos Wahba a five-year prison sentence for issuing a marriage certificate to a Christian man and a Muslim convert to Christianity. He stated that he did not know the woman’s papers stating her religion as “Christian” were a forgery.

Human rights groups have called on Egyptian President Hosny Mubarak to release Fr. Wahba, as Egypt is a signatory to the U.N. Universal Declaration of Human Rights, which allows full religious freedom, including conversion.

Mussa’s jailing mirrored that of Christian convert Martha Samuel Makkar, 24, detained last December at a Cairo airport for attempting to flee the country with her husband. She was charged with carrying forged documents that listed her religion as Christian and incarcerated for a month.

A judge granted her bail but not before threatening to kill her for leaving Islam (see “Judge Tells of Desire to Kill Christian,” Jan. 27).

Nadia Tawfiq, the lawyer in charge of Makkar’s chase, said many arrests and trials in Egypt result from laws that assign people social status according to the religion on their identity cards.

She said the best hope for change is a May 2 court hearing of Maher El-Gohary, a Muslim-born man who is fighting to have his Christian religion recognized on his official documents. If he succeeds, he would be the first person in the country to be granted that right.

Report from Compass Direct News


Bail granted to convert from Islam barred from legally changing religious ID.

ISTANBUL, January 27 (Compass Direct News) – After her arrest at Cairo’s airport on Dec. 13 while attempting to flee anti-Christian hostilities in Egypt, convert Martha Samuel Makkar was granted bail on Saturday (Jan. 24), but not before a judge took her aside and said he would like to kill her, according to her lawyer.

Attorney Nadia Tawfiq said Judge Abdelaa Hashem questioned Makkar extensively about her Christian faith during the hearing. Makkar, charged with forging identification documents, explained her reasons for her conversion, avowing her Christian faith and repudiating the judge’s claims that converting from Islam to Christianity was impossible.

“Then he said, ‘I want to talk with Martha alone,’ so we all left the room, and he said to her, ‘Nobody changes from Muslim to Christian – you are a Muslim,’” Tawfiq said. “And she said, ‘No, I am a Christian.’ He told her, ‘If I had a knife now, I would kill you.’ [Makkar] came out crying and depressed, but at least he gave the decision to let her go free.”

Makkar, 24, had planned to escape the dangers she has faced in Egypt by travelling to Russia with her family. She says that since converting to Christianity five years ago, police and members of her extended family have threatened her incessantly, the relatives vowing to kill her.

Airport security personnel had been notified of Makkar’s plans, according to a Coptic rights group.

“They had both [her original and Christian] names and maybe a picture before she reached the airport,” said Helmy Guirguis, president of the UK Coptic Association. “They did not [arrest her] to apply the law, they did it because of hate for Muslims converting to Christianity. It is like a great occasion to go and arrest some poor lady like her in the airport.”

After her arrest, Makkar was charged with carrying forged documents and taken to El-Nozha police station. Authorities also took her husband and two children into custody. The identification that Makkar carried listed her religion as Christian and bore the name she had chosen for herself rather than her given name, Zainab Said Abdel-Aziz.

Legal conversion from Islam to Christianity by Muslim-born Egyptians, and gaining corresponding legitimate documents, is unprecedented in Egypt. Egyptian law does not provide for a means to legally change one’s religion on identification papers.

According to Tawfiq, Makkar said authorities held her in a room at the airport, hit her and denied food to her children.

“People who convert to Christianity are treated exactly like terrorists,” said Guirguis of the UK Coptic Association. “This is not official policy, it’s not on paper, it’s not the law, but it’s what happens.”


Abuse from Police, Prisoners

Before authorities took Makkar to prison, her two children, Morkes, 2, and Amanwael, 4, were handed into the care of family friends. Authorities took Makkar’s Christian husband, 32-year-old Fadl Thabet, to the national security office in Alexandria for questioning.

The prosecution office later ordered his release after testimony from Makkar, who claimed that Thabet did not know she was a convert. Despite this order, authorities did not release Thabet but instead placed him under “emergency arrest.” This form of incarceration requires no charges and provides no recourse to legal counsel. He remained in prison until Jan. 19.

Authorities had also arrested George Abyad, 67, and Masood Guirges, 55, employees of the Coptic Orthodox Patriarchate in Alexandria, on suspicion of helping Makkar obtain false papers. The prosecution office ordered their release along with that of Thabet based on Makkar’s testimony.

Since Makkar’s arrest, she has leveled allegations of sexual abuse and demeaning behavior at police in the El-Nozha station and at personnel of the national security office in Heliopolis. Makkar said she has also suffered at the hands of fellow inmates at Al-Qanata prison, where authorities later took her.

“She has some difficulty with the other prisoners in prison,” said Tawfiq. “One of them kicked her and tried to kill her; one took the Bible and threw it on the floor, pushed her and tried to make her go back to Islam. But she is strong, she is strong.”

Makkar remained in pre-trial detention until Thursday (Jan. 22), when she was briefly released on a bail of 3,000 Egyptian pounds (US$540). She was then rearrested after prosecutors filed an appeal. The appeal failed, and on Saturday (Jan. 24) Makkar was allowed to return home to her husband and children pending trial.

Tawfiq and two other lawyers, Nabil Azmi and Magdy Shounda, will represent Makkar when her trial resumes before a different judge. Tawfiq, however, is not hopeful that they will face any less of a bias.

“I think it will be the same, because all the judges are Muslim and are naturally upset about that [conversion],” she said.  

Report from Compass Direct News