EGYPT: RULING ON BID FOR CHRISTIAN ID EXPECTED SOON

<http://www.compassdirect.org/en/display.php?page=news&lang=en&length=long&idelement=5804>http://www.compassdirect.org/en/display.php?page=news&lang=en&length=long&idelement=5804
 



Attorney says he is ‘90 percent sure’ that convert from Islam will win case.

ISTANBUL, February 10 (Compass Direct News) – 
Following a hearing on Saturday (Feb. 7), the 
lawyer for a Christian convert in Egypt said he 
is hopeful that his client will become the first 
Muslim-born Egyptian to be granted official identification as a Christian.

Nabil Ghobreyal, attorney in the controversial 
and long-running legal effort by Maher Ahmad 
El-Mo’otahssem Bellah El-Gohary to change 
religious affiliation on his identification 
papers, said he expects a favorable decision at the next hearing on Feb. 21.

“I am now 90 percent sure they will accept the 
conversion,” said Ghobreyal. “I proved to the 
court that there is no legal reason why he can’t 
convert to Christianity according to Egyptian civil law.”

Ghobreyal said he is “generally happy with the 
attitude” of the new judge in the case, Hamdy 
Yasin, who declared that he was ready to listen 
to the facts of the case without prejudice. Yasin 
replaced Judge Mohammad Ahmad Atyia, who in a 
Jan. 6 hearing expelled Ghobreyal from the 
courtroom after the lawyer challenged his refusal 
to acknowledge the existence of legal documents 
detailing the successful attempt of a Muslim to convert to the Baha’i faith.

Lawyers for the state asked that El-Gohary, who 
has been in hiding under threat of death, appear 
in person to offer testimony. Ghobreyal 
protested, arguing that forcing El-Gohary to 
attend would present extreme risk to his personal 
safety. The judge agreed to Ghobreyal’s request.

Mohammed Hegazy, the first Muslim-born Christian 
convert to attempt to have his new religion 
officially registered, is also in hiding after receiving death threats.

Ghobreyal said that the state’s lawyers seemed to 
attempt to further delay or derail the case by 
calling for Dr. Ahmed Fathi Sorour, speaker of 
the People’s Assembly (Egypt’s parliament), to 
appear in court to testify about lack of 
legislation on “apostasy,” or leaving Islam.

Implications

Should El-Gohary be granted the right to 
officially convert on Feb. 21, he would become 
the first Egyptian born a Muslim to do so.

Such a precedent could pave the way for Hegazy, 
whose petition to legally change his religious 
status was denied in January of last year. His 
lawyer, Gamal Eid, said this week he hopes to 
obtain another court date for his appeal.

“It would be very good for any cases like this,” 
Eid said. “It will open the door for people who 
are looking for freedom of belief.”

As much as a favorable ruling for El-Gohary would 
represent a milestone for freedom of belief in 
Egypt, the editor of the Egyptian newspaper 
Watani said he would have concerns about the impact of such a decision.

“Definitely there will be a backlash, whether 
from al-Azhar [university and mosque in Cairo], 
the Islamic supreme authority, or from the media 
or from the people,” said Youssef Sidhom, a 
Coptic Christian. “This is expected, and I 
suppose our government should be prepared to deal with such reactions.”

Ghobreyal, however, maintained that success would 
secure a route for all those wishing to 
officially change their religious affiliation.

“They will not be able to do that [ban official 
conversion in the future],” he said, “because of 
the international covenants and treaties which 
Egypt has ratified and the difficulty of making a 
law against apostasy, on which Islamic 
jurisprudence differs about how it should be handled.”

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, 2008 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).

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.

END


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