Islam in Egypt - Status of Religious Freedom

Status of Religious Freedom

The Constitution provides for freedom of belief and the practice of religion; however, the Government places restrictions on this right. According to the Constitution, Islam is the official state religion, and Shari'a is the primary source of legislation; religious practices that conflict with the official interpretation of Shari'a are prohibited. However, since the Government does not consider the practice of Christianity or Judaism to conflict with Shari'a, for the most part members of the non-Muslim minority worship without legal harassment and may maintain links with coreligionists in other countries. Members of other religions that are not recognized by the Government, such as the Bahá'í Faith, may experience personal and collective hardship.

An 1856 Ottoman decree still in force requires non-Muslims to obtain a presidential decree to build a place of worship. In addition Interior Ministry regulations issued in 1934 specify a set of 10 conditions that the Government must consider prior to issuance of a presidential decree permitting construction of a church. These conditions include the location of the proposed site, the religious composition of the surrounding community, and the proximity of other churches. The Ottoman decree also requires the President to approve permits for the repair of church facilities.

In December 1999, in response to strong criticism of the Ottoman decree, President Mubarak issued a decree making the repair of all places of worship subject to a 1976 civil construction code. The decree is significant symbolically because it places churches closer to an equal footing with mosques before the law. The practical impact of the decree has been to facilitate significantly church repairs; however, Christians report that local permits still are subject to security authorities' approval. The approval process for church construction continued to be time consuming and insufficiently responsive to the wishes of the Christian community. As a result of these restrictions, some communities use private buildings and apartments for religious services.

According to a 1995 law, the application of family law, including marriage, divorce, alimony, child custody, inheritance, and burial, is based on an individual's religion. In the practice of family law, the State recognizes only the three "heavenly religions:" Islam, Christianity, and Judaism. Muslim families are subject to the Personal Status Law, which draws on Shari'a (Islamic law). Christian families are subject to canon law, and Jewish families are subject to Jewish law. In cases of family law disputes involving a marriage between a Christian woman and a Muslim man, the courts apply the Personal Status Law.

Under Islamic law, non-Muslim males must convert to Islam to marry Muslim women. Christian and Jewish women need not convert to marry Muslim men . Muslim women are prohibited from marrying Christian men. Muslim female heirs receive half the amount of a male heir's inheritance, while Christian widows of Muslims have no inheritance rights. A sole female heir receives half her parents' estate; the balance goes to designated male relatives. A sole male heir inherits all his parents' property. Male Muslim heirs face strong social pressure to provide for all family members who require assistance; however, this assistance is not always provided. In January 2000, the Parliament passed a new Personal Status Law that made it easier for a Muslim woman to obtain a divorce without her husband's consent, provided that she is willing to forgo alimony and the return of her dowry. However, an earlier provision of the draft law that would have made it easier for a woman to travel without her husband's consent, was rejected.