“Talking on religious matters” with a permit or a penalty of life imprisonment with hard labor! EIPR calls on the House of Representatives to withdraw the amendments to the law regulating religious preaching

Press Release

14 March 2022

EIPR expresses its concern regarding the Religious Committee of the House of Representatives approval in principle, on the twentieth of last month, of a bill to amend some articles of the law regulating religious preaching and lessons. The proposed amendments expanded the scope of the law to also include the prohibition of “talking about religious matters on visual, audio or Electronic media” except with an official license from Al-Azhar or Ministry of Endowments, and increases penalties for violating the law, in some cases, amounting to life imprisonment with hard labor.
 

EIPR calls on the House of Representatives to withdraw the draft law amendment, submitted by Representative Tariq Radwan and 60 other deputies, and warns that the amendments open the door to more persecutions and trials for diverse religious expression and criticism of prevailing religious ideas. These amendments would be a severe addition to Article 98 and of the Penal Code (Contempt of Religion Article) and articles 25 and 27 of the Law on Combating Information Technology Crimes issued in 2018, which punish “misuse of social media.” It is according to those articles that a number of writers, bloggers and opinion holders are prosecuted, the most recent of whom was media figure Ibrahim Issa, where the Public Prosecution investigated him for accusations of broadcasting a religious opinion contrary to the prevailing Sunni Islamic doctrine in a television program.
 

The draft amendments include the addition of a phrase stipulating the punishment of “anyone who expresses an opinion contrary to established religion, or contrary to its origins or overall accepted principles, if that opinion results in spreading discord (Fitna)or inciting violence among the people of the nation” with imprisonment for a period of up to one year and a fine of up to 100,000 pounds, "doubled in the case of recidivism, and amounting to life imprisonment with hard labor."

EIPR stresses that this proposal increases the threat to all those with religious views that differ from what is adopted by official religious institutions and is described as “the true religion.” It also adds a broad and undefined expression such as “spreading discord (Fitna)” which the text of the law places in the same context with “incitement to violence” without clarification and in a very dangerous confusion, either of them entailing the possibility of increasing the penalty to life with hard labor for peaceful expression of opinion, which is an unprecedented punishment in religious legislation or penalties related to publication and media.
 

The amendments also include an increase in the minimum penalty and an increase in the minimum and maximum fines related to public preaching and speaking of religious matters, or wearing the Azhar dress for non-Azharites or those licensed to preach and advise from Al-Azhar and the Ministry of Endowments.

EIPR had expressed its concern at the time of the issuance of law No. 51 of 2014. currently in force to regulate public discourse, decreed by Adly Mansour, the former President of the Republic in the transitional period. EIPR also stressed that policies and laws regulating the religious sphere should be biased towards freedom of religion and belief and its expression individually or collectively, without prejudice to other rights and freedoms, or including incitement to violence or discrimination against members of another religion or belief. EIPR repeated that the state’s role is to set policies to hold accountable and confront the call for religious discrimination and sectarian incitement, not to restrict religious expression and discussion of religious affairs or expressing an opinion and not allow their monopoly by an official religious institution according to a specific doctrine; and that religious diversity in beliefs, opinions, doctrines, tendencies and jurisprudence is the basis that the state, according to the constitution, must guarantee and protect.

Th following table shows the proposed amendments approved in principle by the House of Representatives’ Religious Committee:

Current text

Text of proposed amendment

(Additions and changes underlined

Article 1

Preaching and religious lessons in mosques and the like such as public spaces and squares shall be in accordance with the provisions of this law.

Preaching and religious lessons in mosques and the like such as public spaces and squares, event venues, and speaking on religious matters in visual, audio, or electronic media, shall be in accordance with the provisions of this law.

Article 2

It is not permissible for those who are not licensed appointed specialists at the Ministry of Endowments and preachers at Al-Azhar Al-Sharif to preach nor give religious lessons in mosques and similar places.

The license is decreed by the Sheikh of Al-Azhar or the Minister of Endowments, as the case may be.

Others may be licensed to practice preaching and giving religious lessons in mosques and the like in accordance with the terms and conditions issued by a decision of the Minister of Endowment or his authorized representative.

It is not permissible for licensed appointed specialists or authorized non-appointed graduates of Al-Azhar and imams working in the ministry of endowments and authorized preachers of Al-Azhar and the House of Fatwa (Dar Al-Efta’) to preach and give religious lessons in mosques and the like, nor to speak on religious matters through visual, audio, or electronic media.

The license is decreed by the Sheikh of Al-Azhar and the Ministry of Endowments, as the case may be, and it is not permissible for others to practice public preaching nor give religious lessons in mosques and the like, nor to speak on religious matters through visual, audio, or electronic media.

Article 5

Also, whoever wears the Azhar uniform from a group other than the categories referred to in Article (3) of this law, or deliberately insults, derides or mocks this dress, shall be punished by imprisonment for a period of no less than a month and not exceeding a year and a fine of no less than ten thousand pounds and not more than thirty thousand pounds, or one of these two penalties.

Without prejudice to any severer penalty stipulated in any other law, a prison sentence of no less than 6 months and no more than a year, and a fine of no less than 50,000 pounds and not more than 100,000 pounds, or either of those two penalties, shall be imposed on anyone who engages in public preaching or religious lessons in mosques, public places, event houses and the like, or speaking about religious matters in the media without a permit or license, or during suspension or withdrawal of the license, and anyone who expresses an opinion that is contrary to the true religion, or contradicts its origins or its overall established principles, if his opinions result in spreading sedition or incitement to violence among the sons of the nation, in violation of the provisions of Article 2 of this law; the penalty is doubled in the case of recidivism, and may reach up to life imprisonment with hard labor.

Also, punishable by imprisonment for a period of not less than 6 months and not more than a year and a fine of not less than 50 thousand pounds, and not more than 100 thousand pounds, or either of those two penalties, whoever wears the Azhar uniform who is not a graduate of Al-Azhar Al-Sharif as in Article 3 of this law, or deliberately insults, or shows contempt or ridicules this attire.