EGYPT: CITIZEN WINS RARE LEGAL VICTORY TO REVERT TO CHRISTIANITY


Copt who became Muslim, then returned to Christ, gets ‘new’ faith officially recognized.

ISTANBUL, January 8 (Compass Direct News) – An Egyptian convert to Christianity who spent 31 years officially identified as a Muslim has won a rare legal victory to be officially registered in his “new” faith.

An Alexandrian administrative court awarded Fathi Labib Yousef the right to register as a Christian at a Dec. 20 hearing in the Mediterranean coastal city.

Yousef, in his early 60s, was raised Coptic but converted to Islam in 1974 in order to divorce his Christian wife. Becoming Muslim typically allows for an easy nullification of marriage to a non-Muslim within sharia (Islamic law), and conversion is often employed for this reason by both men and women in Islamic countries.

He reverted to Christianity in 2005 after an Orthodox clerical council gave its official permission, according to the advocacy group US Copts Association.

Yousef applied to the civil registry to acknowledge his change of religion the same year. But the government refused to acknowledge his re-conversion, so he filed a lawsuit against the Egyptian prime minister, interior minister and Civil Status Organization chairman.

The court awarded him the right to revert to Christianity since it is his right according to Egyptian civil law, said Peter Ramses, an attorney familiar with Yousef’s case.

Ramses said this case is an important development for Egypt to live up to freedoms promised in the constitution. Unfortunately this verdict does not represent a legal sea change, he said, but rather the correct decision of an individual judge.

“We only have some judges giving these decisions,” he said. “In Egypt we have many judges who don’t work by the law, but by sharia.”

And Yousef is not assured that his official religious identity will stand. His attorney, Joseph Malak, said other Egyptian Christians have won the right to return to Christianity only to see government officials stop implementation.

“The stumbling block is the police or civil registry office could refuse to carry it out on paper,” he said. Other measures that could block implementation, he said, include appeals against the decision by courts “infiltrated by Muslim fundamentalist ideologies.”

Last year Egypt’s top administrative court allowed 12 converts to Islam to return to Christianity, but the decision was appealed before the country’s Supreme Constitutional Court.

The court was going to rule in November concerning the legality of reversion to Christianity, but its decision has been postponed indefinitely. If the court had upheld the decision, Egyptian converts to Islam would have had the constitutional right to return to Christianity.

But for now, victories such as Yousef’s depend on the will of each judge.

“It means every judge issues a ruling at their own discretion, [even though] the law in existence is in favor of these people,” said Samia Sidhom, English editor of Egyptian Christian weekly Watani.

Changing an official religious identity from Islam to any other religion in Egypt is extremely difficult. While Article 47 of Egypt’s civil law gives citizens the right to choose their religion, Article II of the Egyptian constitution enshrines sharia as the source of Egyptian law.

Traditional interpretation of sharia calls for the death of Islamic “apostates,” or those who leave Islam, but in Egypt legal authorities give somewhat more flexibility to those born and raised as Christians before converting to Islam.

Yousef decided to return to Christianity as a matter of religious belief and doubts about Islam, his lawyer said.

Ramses said he hopes to see more decisions in favor of Christians wanting to revert to their religion. He said many in Egypt convert to Islam not for religious reasons, but to secure a divorce, attain higher social status or marry a Muslim.

Religious reversion cases are difficult to win, but far more difficult is for Muslim-born converts to Christianity to officially change their religion, although a few have tried. One such person is Maher Ahmad El-Mo’otahssem Bellah El-Gohary, a convert with an open case at the State Council Court to replace the word “Muslim” on his identification card with “Christian.”

El-Gohary, 56, has been a Christian for 34 years. His case is only the second of his kind in Egypt. Muhammad Hegazy filed the first in August 2007, but his case was denied in a January 2008 court ruling that declared it contrary to Islamic law for a Muslim to leave his religion.  

Report from Compass Direct News

EGYPT: CHRISTIAN IN MUSLIM ID CASE WINS RIGHT TO APPEAL


Arrest warrant rescinded for woman imprisoned because her father briefly converted to Islam.

ISTANBUL, December 2 (Compass Direct News) – A Supreme Court judge in Egypt on Nov. 22 granted Christian Bahia El-Sisi the right to appeal her conviction for falsification of documents – a charge stemming from her official papers not identifying her as a Muslim.

In addition, Judge Abdel Meged Mahmood on Nov. 25 rescinded a Sept. 23 warrant for El-Sisi’s arrest, declaring that she should be free pending a final decision. Mahmood is the same judge who in January freed El-Sisi’s sister, who had been convicted on the same charges of “forgery.”

The charges against El-Sisi and her sister, Shadia El-Sisi, claimed that their marriage certificates contained false information that they were Christians. Unknown to them, their religious identity officially changed 46 years ago due to their father’s brief conversion to Islam. Both are illiterate.

In the Nov. 22 hearing granting Bahia El-Sisi the right to appeal, Mahmood noted that her marriage certificate made no mention of her religion, according to her lawyer.

Investigation into the sisters’ religious status began following a visit made to their father, Nagy El-Sisi, himself in prison for forgery. Nagy El-Sisi, who had briefly converted to Islam in 1962 before reconverting three years later, obtained a forged Christian ID because there is no official means for converting from Islam in Egypt.

Under sharia (Islamic law), which heavily influences Egyptian law, the sisters are considered Muslims due to their father’s conversion. They learned that their father had briefly converted to Islam only recently, long after getting married, and had no idea they could officially be considered Muslims.

Both sisters were originally charged with forging official documents and sentenced in absentia in 2000; each was given a three-year jail sentence.

Shadia El-Sisi was not arrested until August 2007, and her first hearing was on Nov. 21, 2007 at the Shobra El-Khema criminal court. Judge Hadar Tobla Hossan sentenced her to three years in prison.

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

Bahia El-Sisi was held for over two months between May and July of this year. She was then released pending a final court decision. She told Compass about her recent experiences.

“There is no rest in prison, and I was tired and unable to get enough rest or enough food,” she said. “Everybody was [left to fend] for themselves.”

For more than four months she was in hiding, moving from place to place to avoid another arrest.

“I can’t go near the house, I move from one place to another,” she said before the arrest warrant was rescinded. “I rarely see my children, I am worried about them.”

On Sept. 23, Hossan ruled that El-Sisi had forged documents and that the three-year prison sentence would stand. In the Nov. 22 hearing, Mahmood ruled that there was no evidence El-Sisi had forged documents, as no such documents could be produced as proof; the marriage certificate in question did not state her religion, said her lawyer, Peter Ramses.

Mahmood ruled that Hossan’s decision was “so bad and so wrong,” said Ramses. “Then Mahmood gave a decision saying to the police, ‘Don’t arrest her.’”

Bahia El-Sisi’s six children anxiously awaited the outcome of the appeal, fearing that, in a domino effect, their religious status may also have to change following a negative outcome.

El-Sisi remained defiant.

“I am a Christian, I will remain Christian,” she told Compass. “Christ in front of me will guide my steps.”  

Report from Compass Direct News

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