Religious Freedom Summary* (1997)

The Constitution provides for freedom of belief and the practice of religious rites. However, the Government places clear restrictions on this right. Most Egyptians are Muslim, but at least 10 per cent of the population, 6 million people, belong to the Coptic Orthodox Church. There are other small Christian denominations, as well as a Jewish community numbering fewer than 50 persons.
For the most part, members of the non-Muslim minority worship without harassment and maintain links with coreligionists abroad. Under the Constitution, Islam is the official state religion and primary source of legislation. Accordingly, religious practices that conflict with Islamic law are prohibited. However, in most matters of family law, Christians are subject to church law. While neither the Constitution nor the Civil and Penal Codes prohibit proselytizing, Christians have been arrested on charges of violating Article 98f of the Penal Code, which prohibits citizens from ridiculing or insulting heavenly religions or inciting sectarian strife. There were no reports of such arrests during the year. Some Christians have complained that the Government and security forces are lax in protecting Christian lives and property (see Section 5). There are no legal restrictions on the conversion of non-Muslims to Islam. However, Muslims may face legal problems if they convert to another faith. Authorities have charged a few Muslim converts to Christianity under Article 98f of the Penal Code. In other cases, authorities have charged converts with violating laws prohibiting the falsification of documents. In such instances, Muslim converts to Christianity, who fear government harassment if they seek an official modification, have themselves altered their identification cards and other official identity documents to reflect their new religious affiliation. There were no confirmed reports of individuals detained or charged during the year under these laws. In January human rights activist Mamdouh Nakhlah filed suit seeking removal of the religious affiliation category from identification cards (see below).
An 1856 Ottoman Decree still in force requires non-Muslims to obtain what is now a presidential decree to build or repair 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 or renovation 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. Although President Mubarak has approved all requests for permits presented to him (reportedly a total of 230 during his 16-year tenure), Christians maintain that the Interior Ministry delays, in some instances indefinitely, submission to the President of their requests. They also maintain that security forces have blocked them from utilizing permits that have been issued. In January 1996, human rights activist Mamdouh Nakhla filed a lawsuit challenging the constitutionality of the Ottoman Decree and the Interior Ministry regulations. The case remains before the court.
As a result of these restrictions, some communities use private buildings and apartments for religious services. During the 1990's, the Government increased the number of building permits issued to Christian communities to an average of more than 20 per year, compared with the average of 5 permits issued annually in the 1980's. However, in 1997 the Government issued only 3 permits for the construction of new churches and another 3 for repairs and reconstruction. Construction and renovation approved by previously issued permits continued throughout the year.
In 1994 the Alexandria government closed two buildings near the city that had been used by evangelical Christians since 1990 for church activities. The Government claimed that the church lacked a building permit. Lawyers for the church argued that the closures violated previous court rulings upholding the right to conduct religious services in private buildings without prior government approval. They also pointed out that the closed buildings were located in an area where unlicensed buildings are common. On September 1, an administrative court in Alexandria upheld the Government's decision to close the buildings, stating that the construction of the buildings without permits violated the building code. The court did not address the issue of freedom of worship in its decision. The plaintiffs are appealing this decision.
The Government continued its efforts to extend legal controls to all mosques, which by law must be licensed. The Government appoints and pays the salaries of the imams officiating in mosques, and proposes themes for and monitors sermons. Of the country's approximately 70,000 mosques, nearly half remain unlicensed and operate outside the control of government authorities. In an effort to combat Islamic extremists, the Government announced its intention to bring 10,000 unauthorized mosques under its control during the year.

*Source: County Reports on Human Rights Practices for 1997, U.S. Department of State