Violations of freedom of religion and belief have varied in recent years, and these violations stem from multiple sources, including state authority, represented by the existence of discriminatory provisions in the Constitution and legal system, in addition to the policies and practices of officials.
Religious institutions have also occasionally played a role in spreading hate speech and incitement, issuing takfir fatwas against unrecognized religious groups, thereby aiding in the violation of their rights.
During incidents of tension and sectarian violence, which continuously occur against the least numerous and weakest groups, Copts and Shiites have been targeted for reasons related to the practice of mass prayer or expressing opinions on religious matters. The violations also included terrorist acts committed by the ISIS Sinai branch, which targeted Christians and Muslims in a Sufi mosque, as will be detailed later.
I- Violations by the state authority
The Egyptian Constitution includes six articles that govern the relationship between religion and the state within the legislative system and freedom of religion and belief as follows:
Article (2)
establishes Islam as the official state religion and Islamic law or Sharia as the primary source of legislation.
Article (53)
states that: “Citizens are equal before the law and are equal in rights, freedoms, and public duties. There shall be no discrimination among them based on religion, belief, gender, origin, race, color, language, disability, social status, political affiliation, geographic location, or for any other reason.”
Article (3)
states that the principles of the laws of Egyptian Christians and Jews serve as the main source of legislation for their personal status, religious affairs, and the selection of their spiritual leaders..
Article (64)
states that: “Freedom of belief is absolute. The freedom to practice religious rituals and establish places of worship for the followers of monotheistic religions is a right governed by law.”
Article (7)
addresses the authorities of Al-Azhar Al-Sharif as an independent Islamic scholarly institution, which is solely responsible for overseeing all its affairs. It serves as the primary reference for religious sciences and Islamic matters..
Article (244)
as amended, stipulates that “the state ensures adequate representation for youth, Christians, people with disabilities, and Egyptians abroad in the House of Representatives, as set by the law”.
I- Violations by the state authority
The Egyptian Constitution includes six articles that govern the relationship between religion and the state within the legislative system and freedom of religion and belief as follows:
Article (2)
establishes Islam as the official state religion and Islamic law or Sharia as the primary source of legislation.
Article (53)
states that: “Citizens are equal before the law and are equal in rights, freedoms, and public duties. There shall be no discrimination among them based on religion, belief, gender, origin, race, color, language, disability, social status, political affiliation, geographic location, or for any other reason.”
Article (3)
states that the principles of the laws of Egyptian Christians and Jews serve as the main source of legislation for their personal status, religious affairs, and the selection of their spiritual leaders..
Article (64)
states that: “Freedom of belief is absolute. The freedom to practice religious rituals and establish places of worship for the followers of monotheistic religions is a right governed by law.”
Article (7)
addresses the authorities of Al-Azhar Al-Sharif as an independent Islamic scholarly institution, which is solely responsible for overseeing all its affairs. It serves as the primary reference for religious sciences and Islamic matters..
Article (244)
as amended, stipulates that “the state ensures adequate representation for youth, Christians, people with disabilities, and Egyptians abroad in the House of Representatives, as set by the law”.
A reading of these articles reveals that the Constitution places two restrictions on the right to practice religious rituals. The first restricts this right to followers of the three Abrahamic religions (Islam, Christianity, and Judaism), which are referred to in Article 64 as monotheistic religions, thus discriminating between citizens based on religion. The second limitation is that Article 64 itself treats the practice of religious rituals and the building of places of worship as if they were the same, and based on that, both issues were linked by law, making it a constitutional and legal offense for a group of citizens to gather on a religious occasion or to pray in a place other than a place of worship.
Legal acknowledgment
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Legal acknowledgment
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Religion conversion:
The national ID card and birth certificate include a religion field, to be filled according to the religion of the parents, with the following options: Christian/Muslim/Jewish. In November 2008, Baha’is obtained a court ruling to leave the religion field empty instead of forcing them to write Muslim or Christian, as was previously done.
The Civil Status Department, which is responsible for issuing official identity papers, allows conversion from any religion and belief to Islam. Those who wish to do so obtain a certificate of Islam from Al-Azhar, which they submit to the Ministry of Interior to change the religion field in official documents. State institutions do not allow conversion from Islam to any other religion. Therefore, Egyptians who were born into Islam and later converted to Christianity cannot state their true religion in official documents.
The Administrative Court rejected two lawsuits filed by Maher El-Gohary and Mohamed Hegazy to prove their new Christianity conversion in official papers after they left Islam. Also, under Egypt’s Civil Status Law, minor children are registered as Muslims if one of their parents changes his or her religion to Islam, even if the other spouse refuses.
On December 15, 2021, security forces arrested Yemeni refugee Abdel Baqi Saeed after he announced his conversion to Christianity on Facebook, even though this happened in 2013, before he came to Egypt. The State Security Prosecution charged him with two charges: “joining a terrorist group with knowledge of its purposes and contempt for Islam”. He remains in detention despite having exceeded the legally prescribed period of preventive detention pending investigations.
Building places of worship:
The construction of mosques is regulated by a special law that includes some conditions related to building rules and other organizational conditions for employees, as the Ministry of Religious Endowments, which is allocated a state budget, is responsible for the administrative and financial supervision of mosques in Egypt.
The Egyptian Initiative for Personal Rights (EIPR) has documented the closure of 25 churches where religious rituals were regularly held since the beginning of the implementation of the Church Building Law until the end of 2019. It has also documented the prevention of collective prayers in areas where these churches are located and is known to have submitted its papers as part of the file to legalize the status of existing churches.A clear recent example of these practices is the Faragallah estate in Samalut in Minya governorate. A demonstration took place on January 22, 2022 asking for a decision to re-establish the St. Joseph and Abu Sevin Church in the estate, which was demolished by an official decision and was included in the decision of the Church Status Legalization Committee
The Egyptian Initiative for Personal Rights (EIPR) condemned the arbitrariness of the authorities responsible for building churches in Minya governorate in issuing official licenses to build three churches, following sectarian attacks carried out by protesters who reject the presence of these churches in villages in the governorate. The EIPR stated that an atmosphere of sectarian incitement prevailed in the villages of Manshaat Zafarana and Al-Khyari in Abu Qurqas district and Al-Azib in Samalut district before the attacks took place, but state agencies failed to act to prevent them from escalating, and only arrested several residents suspected of involvement in the incidents.
The Church Construction Law No. 80 of 2016 regulates two processes: The first process concerns legalizing existing churches that have not received official construction permits. The second process pertains to the construction of new churches and the restoration of old ones. The law outlines several conditions, some of which relate to local building regulations, such as those applied when building mosques, in addition to other regulations pertaining to the activities of the churches, requiring approval from security authorities and the provincial governor.
According to government data, different churches have submitted requests to regularize the status of 5,415 churches and religious buildings that were built without official licenses. As of October 2024, preliminary approvals had been issued for 3,160 churches and buildings, a 58% increase with regards to the year the law was passed in 2016.
Since 2014, land allocation decisions have been issued for the construction of 56 churches in new cities, as the President of the Republic has been keen to emphasize the need to establish a church in any new city built, while the construction of churches in “old” villages and cities is still characterized by ambiguity and lack of information, especially as some churches or buildings remain closed, and citizens are forced to move to other villages up to ten kilometers away for religious practices.
According to government data, different churches have submitted requests to regularize the status of 5,415 churches and religious buildings that were built without official licenses. As of October 2024, preliminary approvals had been issued for 3,160 churches and buildings, a 58% increase with regards to the year the law was passed in 2016.
Since 2014, land allocation decisions have been issued for the construction of 56 churches in new cities, as the President of the Republic has been keen to emphasize the need to establish a church in any new city built, while the construction of churches in “old” villages and cities is still characterized by ambiguity and lack of information, especially as some churches or buildings remain closed, and citizens are forced to move to other villages up to ten kilometers away for religious practices.
Personal Status:
Personal status is one of the most important areas regulated by religious laws, as each religious group applies its law. Family courts handle personal status disputes provided that the laws of each sect apply. In cases of disagreement, Islamic law applies.
Personal status laws fall into two categories:
Personal status laws fall into two categories:
- Special laws for individuals based on their religion or sect.
- General laws applying to all Egyptians, outline litigation, custody, or quittance (khul’) procedures, based on Islamic law.According to these laws, a Muslim citizen is allowed to marry a Muslim woman and also a non-Muslim woman who professes Christianity or Judaism, while a Muslim woman is only allowed to marry a Muslim man.
Non-Muslim Egyptian women married to a Muslim man face violations related to being denied inheritance and custody of their children in case of divorce, as the Muslim husband has the right to file a lawsuit to regain custody, arguing that he fears for his children’s religion. The religion of minor children is also changed to Islam if the father converts to Islam without considering the mother’s wishes.
In addition, Christian women are often subject to the rules of Islamic law in the division of inheritance, as a result of which they receive half of a man’s share of inheritance from their parents, contrary to Christian law, which stipulates in 1938 regulation on the personal status of Christians that males and females are equal inheritors. About three judgments have been issued to apply Christian law and divide the inheritance equally between males and females.
Contempt of religion or defamation:
The Egyptian Penal Code contains three, articles widely used in cases of contempt of religion and insulting the Divine Self:These legal provisions are widely used to persecute smaller religious groups such as Christians, and unrecognized ones such as Shiites and atheists, as well as a segment of Muslims who belong to the majority sect but hold views different from those supported by official religious institutions. In some cases, the public prosecution issues decisions to detain the defendants for specific periods and then release them, while in other cases the defendants are referred to trial and sentenced.
These trials have affected several researchers and writers, most notably “Fatima Naoot”. In March 2016, the Sayeda Zeinab Misdemeanour Court in Cairo governorate sentenced her to three years in prison on charges of defamation of religion, following statements Naoot made criticizing the way sac-rificial animals are slaughtered in the streets. The Misdemeanour Court of Appeal reduced the sen-tence to a six-month suspended sentence. In the same context, on December 28, 2015, the Misde-meanour Court of Heliopolis issued a 5-year prison sentence against researcher Islam El-Beheiry on charges of contempt for Islam during a program he was hosting on one of the private Egyptian satellite channels, where he had questioned some books and traditions of the Islamic religious heritage and their authors. The sentence was reduced to one year and carried out.
In February 2022, several complaints were filed against writer and media personality Ibrahim Issa, for his criticism of the Righteous Caliphs, and the Public Prosecution announced that it was investigating them, but did not announce the results until now.
These trials have affected several researchers and writers, most notably “Fatima Naoot”. In March 2016, the Sayeda Zeinab Misdemeanour Court in Cairo governorate sentenced her to three years in prison on charges of defamation of religion, following statements Naoot made criticizing the way sac-rificial animals are slaughtered in the streets. The Misdemeanour Court of Appeal reduced the sen-tence to a six-month suspended sentence. In the same context, on December 28, 2015, the Misde-meanour Court of Heliopolis issued a 5-year prison sentence against researcher Islam El-Beheiry on charges of contempt for Islam during a program he was hosting on one of the private Egyptian satellite channels, where he had questioned some books and traditions of the Islamic religious heritage and their authors. The sentence was reduced to one year and carried out.
In February 2022, several complaints were filed against writer and media personality Ibrahim Issa, for his criticism of the Righteous Caliphs, and the Public Prosecution announced that it was investigating them, but did not announce the results until now.
II- Violations by religious institutions
Dar Al-Ifta, headed by the Grand Mufti and administratively linked to the Prime Minister, is responsible for observing lunar months, determining the start date of Ramadan, issuing fatwas, and providing Islamic religious guidance. Its legal opinions are sought before the issuance of death sentences. The Ministry of Religious Endowments is administratively subordinate to the government. It is responsible for appointing imams, paying them monthly salaries, monitoring their performance, and determining the topics of Friday sermons.
According to the Egyptian Constitution, Al-Azhar is the final authority on all matters related to Islam. State institutions seek their opinion on laws that have a religious dimension, and courts seek the opinion of Al-Azhar’s Islamic Research Council in some cases of defamation of religion. Al-Azhar enjoys administrative and financial autonomy from state agencies.
The Ministry of Religious Endowments is administratively subordinate to the government. It is responsible for appointing imams, paying them monthly salaries, monitoring their performance, and determining the topics of Friday sermons.
Societal Violations
The incidents of sectarian violence witnessed in Egypt in recent years reveal different patterns, foremost among which is the targeting of religious identity killings by ordinary individuals who do not belong to armed violent groups
Religious sensitivities
Related to this pattern are two types of practices that lead to societal tension and violence. The first is related to the so-called “contempt of religion” cases, which have increased in recent years. In some cases, the issue started with a normal discussion that had nothing to do with a conversation about a sacred religious text, and then the conversation was twisted and a complaint was filed against Christians for defamation of Islam. But in many cases, not only is a complaint filed against the person accused of blasphemy against Islam for judicial punishment, but there are also incidents of violence and threats, especially if the person accused is Christian and lives in the countryside.
The second type of violence relates to cases of religious conversion, especially among Muslim women and girls. In some cases, the woman disappears and is then rumored to have run away to convert to Christianity. In this case, some people point the finger at the church, and the women’s families and the angry people who have gathered in solidarity with them go to the nearest church and start attacking it and demanding to return the girl.
Similarly, in other cases, angry Copts stage a sit-in at a church or demonstrate to protest the disappearance of a Christian woman, who is rumored to have converted to Islam.
Tensions due to church construction and mass prayer
The Egyptian Initiative for Personal Rights has documented seventy-four incidents of violence and sectarian attacks incidents of violence and sectarian attacks related to the practice of religious rituals during the period from January 25, 2011, to the end of August 2016. Violations typically begin as soon as a church starts expanding or renovating, or when prayers are held in the church building. Villagers gather and surround the church, demanding that construction be halted and rejecting the use of the building as a church, or that it be built without a minaret, bell, or cross.
IV: Violations by armed groups
Egypt witnessed during the 1980s and 1990s terrorist and sectarian attacks carried out by some armed Islamic groups, which later declined, especially after what was called the “revision” conducted by the Islamic Group, and after the tightening of security measures in Upper Egypt. This situation continued until the “Naga Hamadi” incident in Qena Governorate on the evening of January 6, 2010, when worshippers were targeted as they were exiting the Christmas mass, resulting in the deaths of six Christians and one Muslim who was with them, and nine Christians were injured. On New Year’s Day 2011, the early hours witnessed the bombing of the churches of Saint Mark the Apostle and Pope Peter the Seal of Martyrs in Alexandria, which claimed the lives of about twenty-four Christians.
2017 is regarded as the worst year for this pattern of attacks, as a wave of killings of Copts began in the city of ‘Arish, during the period from January to February, resulting in the deaths of seven Copts. These attacks were characterized by extreme violence, targeting Copts in their homes, which led to the displacement of most Copts in the area out of fear for their lives.
On December 29, 2017, an armed individual targeted St. Mina and Pope Kyrillos VI Church in Helwan neighborhood south of Cairo, resulting in the deaths of seven citizens, including a police officer who was part of the security detail assigned to the church. As mentioned earlier, Father Semaan Shehata was also killed by an extremist in northern Cairo.
The frequency of these assaults has declined over the past three years, both in terms of the number of incidents and their severity. However, targeted attacks have continued, as Coptic citizen Nabil Habshi Salameh was killed on April 18, 2020, by militants who declared their affiliation with the Islamic State (ISIS) in Sinai. Additionally, the Islamic Statekilled two Copts, Salameh Moussa and his son Hani, in September 2022 in Ismailia Governorate.
This information was last updated in December 2024.
