One ruling allows Baha'is to leave religion field on ID card blank and write in a "dash," but same judge says converts cannot leave Islam - the "last" religion.

Advocates For The Persecuted

Cairo, January 31, 2008: (Advocates For The Persecuted)

Egypt’s administrative court issued two historical verdicts on Tuesday: one restricting religious freedom for citizens wishing to change from Islam to another faith, and another opening a possible window of freedom for the nation’s small number of adherents to the Baha’i religion.

Egypt mandates that citizens carry a national identity card, which is required for job applications, purchasing property, opening bank accounts, or attending schools.

The card carries a mandatory religious identification line and only one of the three “heavenly” religions recognized under Islam can be listed on the card. Baha’is and other religious minorities, as well as converts from Islam, have suffered under this law.

In one case filed Dec. 7, 2004, on behalf of Raouf Hendy Halim’s teenaged twins, Emad and Nancy, attorney Labib Mo’awed had petitioned the Egyptian court to allow the issuance of birth certificates for the twins that would allow a religious affiliation of Baha’ism, or would leave the religious field blank.

Hendy’s children have been unable to attend school, because they refused to be labeled on identity documents as adherents to one of the three officially recognized “heavenly” religions under Islam: Islam, Christianity, or Judaism.

The twins were born in Muscat, Oman, and the father applied for a birth certificate at the Egyptian embassy, requesting the twins’ religious affiliation be listed as Baha’ism. However, once Hendy returned to Egypt to complete the birth registration process, Egyptian civil record authorities refused to honor the family’s request.

Hussein Hosni Bekeit has also petitioned the court over the same issue. He is a 19-year-old Baha’i who was suspended from attending Suez Canal University two years ago because he refused to present identity documents he said labeled him with a religion to which he did not adhere.

On Tuesday, presiding judge Muhammad Husseini ruled that adherents to Baha’ism would now be allowed to place a dash on the religious identity section.

“The verdict is considered the start of a new era, and, if it will continue, is an accepted solution to enable Baha’is to have a normal life,” said Hendy. He expressed fear, however, that the Ministry of Interior would appeal the court’s decision.

In December 2006, the nation’s Supreme Administrative Court had ruled in opposition to Baha’is’ requests to officially declare their religion on identity documents.

Hegazy case denied.

On the same day Husseini granted Baha’is some leeway on identity documents, he also rendered a disappointing verdict in the petition filed by Muslim convert Mohammed Hegazy. Since Islam is the “last” religion, the judge said the state should not allow a change from Islam to another religion in official identity documents.

Gamal Eid is head of the Arab Network for Human Rights Information (ANHRI), an organization whose lawyers represented Hegazy in the case. He said the judge based his verdict solely on Article 2 of Egypt’s constitution. “The judge didn’t listen to our defense,” said Eid. “We didn’t even get the chance to speak before the court.”

Article 2 of the Egyptian Constitution says the principal source of legislation is Islamic Jurisprudence (Sharia law). This requirement was added on May 22, 1980.

Article 2 is for legislators who draft laws, and the judge shouldn’t use it, said Eid, according to sources in Egypt.

“What happened is a violation of my basic rights,” said Hegazy. "What does the State have to do with the religion I embrace?”

If he is not allowed to appeal the verdict, Hegazy said his wife would file a new case requesting she be allowed to change her religion.

Lawyers opposing Hegazy’s petition were happy with the verdict, according to sources in Egypt. Sheikh Youssef El-Badry said the verdict established a legal foundation forbidding Muslims to embrace another religion, as Islam is the last religion.

A lawyer opposing Hegazy’s conversion case said this means Muslims couldn’t embrace an earlier religion that preceded Islam such as Judaism or Christianity.

At an earlier hearing in January, the group of attorneys who had argued against allowing Hegazy to change his religious adherence filed a complaint with presiding judge Muhammad El-Shazly against the government. They requested the authorities punish Hegazy, as an apostate from Islam.

According to sources in Egypt, the court refused to act on this complaint on Tuesday. The judge said the court had already refused to change Hegazy’s religion, so their complaint was not relevant.

For more background on Hegazy's case, visit the following links:

January 25, 2008: Tempers Flare into Melee at Egyptian Convert’s Hearing

December 4, 2007: Muslim Converts to Christianity Could Die at Hands of Attackers

October 10, 2007: Egyptian Islamists Join Case Against Convert to Christianity

August 9, 2007: Islamic Experts Call for Mohammed Hegazy's Death

August 8, 2007: Egyptian Convert in Hiding After Lawyer Backs Out,

August 5, 2007: Muslim Convert Requests Religion Change on Egypt's ID Card