The constitution specifies Islam as the state religion and the principles of sharia as the main source of legislation. The constitution states that “freedom of belief is absolute” and “the freedom of practicing religious rituals and establishing worship places for the followers of Abrahamic religions is a right regulated by law.” The constitution prohibits discrimination on the basis of religion and makes “incitement to hate” a crime. It describes freedom of belief as absolute. The constitution limits the freedom to practice religious rituals and establish places of worship to adherents of Islam, Christianity, and Judaism. The constitution prohibits the exercise of political activity or the formation of political parties on the basis of religion.
The constitution states that Al-Azhar is “the main authority in theology and Islamic affairs” and is responsible for spreading Islam, Islamic doctrine, and the Arabic language in the country and throughout the world. The grand imam is elected by Al Azhar’s Council of Senior Scholars and is officially appointed by the president for a life term. The president does not have the authority to dismiss him. While the constitution declares Al-Azhar an independent institution, its 2018 budgetary allocation from the government, which is required by the constitution to provide “sufficient funding for it to achieve its purposes,” was almost 13 billion Egyptian pounds ($726.66 million).
According to the law, capital sentences must be referred to the grand mufti, the country’s highest Islamic legal official, for consultation before they can be carried out. The mufti’s decision in these cases is consultative and nonbinding on the court that handed down the death sentence.
The constitution also stipulates that the canonical laws of Jews and Christians form the basis of legislation governing their personal status, religious affairs, and selection of spiritual leaders. Individuals are subject to different sets of personal status laws (regarding marriage, divorce, inheritance, etc.), depending upon their official religious designation. The Ministry of Interior (MOI) issues national identity cards that include official religious designations. Designations are limited to Muslim, Christian, or Jewish citizens. Since a 2009 court order, Baha’is are identified by a dash. The minister of interior has the authority to issue executive regulations determining what data should be provided on the card.
Neither the constitution nor the civil or penal codes prohibit apostasy from Islam, nor efforts to proselytize. The law states individuals may change their religion. However, the government recognizes conversion to Islam, but not from Islam to any other religion. In a 2008 ruling on a lawsuit against the government for not recognizing a Muslim’s conversion to Christianity, the Administrative Court ruled in favor of the government asserting its duty to “protect public order from the crime of apostasy from Islam.” The government recognizes conversion from Islam for individuals who were not born Muslim but later converted to Islam, according to an MOI decree pursuant to a court order. Reverting to Christianity requires presentation of a document from the receiving church, an identity card, and fingerprints. After a determination is made that the intent of the change – which often also entails a name change – is not to evade prosecution for a crime committed under the Muslim name, a new identity document should be issued with the Christian name and religious designation. In those cases in which Muslims not born Muslim convert from Islam, their minor children, and in some cases adult children who were minors when their parents converted, remain classified as Muslims. When these children reach the age of 18, they have the option of converting to Christianity, and having that reflected on their identity cards.
Consistent with sharia, the law stipulates that Muslim women are not permitted to marry non-Muslim men. Non-Muslim men who wish to marry Muslim women must convert to Islam. Christian and Jewish women need not convert to marry Muslim men. A married non-Muslim woman who converts to Islam must divorce her husband if he is not Muslim and is unwilling to convert. If a married man is discovered to have left Islam, his marriage to a woman whose official religious designation is Muslim is dissolved. Children from any unrecognized marriage are considered illegitimate.
A divorced mother is entitled to custody of her son until the age of 10 and her daughter until age 12, unless one parent is Muslim and the other is not, in which case the Muslim parent is awarded custody.
The law generally follows sharia in matters of inheritance. In 2017, however, an appellate court ruled that applying sharia to non-Muslims violated the section of the constitution stating that the rules of the Christians and Jewish communities govern in personal status matters.
According to the penal code, using religion to promote extremist thought with the aim of inciting strife, demeaning or denigrating Islam, Christianity, or Judaism, and harming national unity carries penalties ranging from six months’ to five years’ imprisonment.
Islamic, Christian, and Jewish denominations may request official recognition from the government, which gives a denomination the right to be governed by its canonical laws, practice religious rituals, establish houses of worship, and import religious literature. To obtain official recognition, a religious group must submit a request to the Ministry of Interior Religious Affairs Department. The department then determines whether the group poses a threat to national unity or social peace. As part of this determination, the department consults leading religious institutions, including the Coptic Orthodox Church and Al-Azhar. The president then reviews and decides on the registration application.
The law does not recognize the Baha’i Faith or its religious laws and bans Baha’i institutions and community activities. Although the government lists “Christian” on the identity cards of Jehovah’s Witnesses, a presidential decree bans all Jehovah’s Witnesses’ activities. The law does not stipulate any penalties for banned religious groups or their members who engage in religious practices, but these groups are barred from rights granted to recognized groups, such as having their own houses of worship or other property, holding bank accounts, or importing religious literature.
The government appoints and monitors imams who lead prayers in licensed mosques and pays their salaries. According to the law, penalties for preaching or giving religious lessons without a license from the Ministry of Awqaf or Al-Azhar include a prison term of up to one year and/or a fine of up to 50,000 pounds ($2,800). The penalty doubles for repeat offenders. Ministry of Awqaf inspectors also have judicial authority to arrest imams violating this law. A ministry decree prevents unlicensed imams from preaching in any mosque, prohibits holding Friday prayers in mosques smaller than 80 square meters (860 square feet), bans unlicensed mosques from holding Friday prayer services (other prayer services are permitted), and pays bonuses to imams who deliver Friday sermons consistent with Ministry of Awqaf guidelines. Any imam who fails to follow the guidelines loses the bonus and may be subject to disciplinary measures, including potentially losing his preaching license. The ministry also issues prewritten sermons, and ministry personnel monitor Friday sermons in major mosques. Imams are subject to disciplinary action including dismissal for ignoring the ministry’s guidelines.
The prime minister has authority to stop the circulation of books that “denigrate religions.” Ministries may obtain court orders to ban or confiscate books and works of art. The cabinet may ban works it deems offensive to public morals, detrimental to religion, or likely to cause a breach of the peace. The Islamic Research Center of Al-Azhar has the legal authority to censor and confiscate any publications dealing with the Quran and the authoritative Islamic traditions (hadith), and to confiscate publications, tapes, speeches, and artistic materials deemed inconsistent with Islamic law.
A 2016 law delegates the power to issue legal permits and to authorize church construction or renovation to governors of the country’s 27 governorates rather than the president. The governor is to respond within four months; any refusal must include a written justification. The law does not provide for review or appeal of a refusal, nor does it specify recourse if a governor fails to respond within the required timeframe. The law also includes provisions to legalize existing unlicensed churches. It stipulates that while a request to license an existing building for use as a church is pending, the use of the building to conduct church services and rites may not be prevented. Under the law, the size of new churches depends on a government determination of the “number and need” of Christians in the area. Construction of new churches must meet stringent land registration procedures and building codes and is subject to greater government scrutiny than that applied to the construction of new mosques.
Under a separate law governing the construction of mosques, the Ministry of Awqaf approves permits to build mosques. A 2001 cabinet decree includes a provision requiring that new mosques built after that date must be a minimum distance of 500 meters (1600 feet) from the nearest other mosque, and be built only in areas where “the existing mosques do not accommodate the number of residents in the area.” The law does not require Ministry of Awqaf approval for mosque renovations.
In public schools, Muslim students are required to take courses on “principles of Islam,” and Christian students are required to take courses on “principles of Christianity” in all grades. Determinations of religious identity are based on official designations, not personal or parental decisions. Students who are neither Muslim nor Christian must choose one or the other course; they may not opt out or change from one to the other. A common set of textbooks for these two courses is mandated for both public and private schools, including Christian-owned schools. Al-Azhar maintains a separate school system which serves some two million students from elementary through secondary school using its own separate curriculum.
The penal code criminalizes discrimination based on religion and defines it as including “any action, or lack of action, that leads to discrimination between people or against a sect due to…religion or belief.” The law stipulates imprisonment and/or a fine of no less than 30,000 pounds ($1,700) and no more than 50,000 pounds ($2,800) as penalties for discrimination. If the perpetrator is a public servant, the law states that the imprisonment should be no less than three months, and the fine no less than 50,000 pounds ($2,800) and no more than 100,000 pounds ($5,600).
The government recognizes only the marriages of Christians, Jews, and Muslims with documentation from a cleric. Since the state does not recognize Baha’i marriage, married Baha’is are denied the legal rights of married couples of other religious beliefs, including those pertaining to inheritance, divorce, and sponsoring a foreign spouse’s permanent residence. Baha’is, in practice, file individual demands for recognition of marriages in civil court.
In matters of family law, when spouses are members of the same religious denomination, courts apply that denomination’s canonical laws. In cases where one spouse is Muslim and the other a member of a different religion, both are Christians but members of different denominations, or the individuals are not clearly a part of a religious group, the courts apply sharia.
Sharia provisions forbidding adoption apply to all citizens. The Ministry of Social Solidarity, however, manages a program entitled “Alternative Family” which recognizes permanent legal guardianship if certain requirements are met.
The quasi-governmental National Council for Human Rights, whose members are appointed by parliament, is charged with strengthening protections, raising awareness, and ensuring the observance of human rights and fundamental freedoms, including religious freedom. It also is charged with monitoring enforcement and application of international agreements pertaining to human rights. The council’s mandate includes investigating reports of alleged violations of religious freedom.
According to the constitution, “no political activity may be exercised or political parties formed on the basis of religion, or discrimination based on sex, origin, sect, or geographic location, nor may any activity be practiced that is hostile to democracy, secretive, or which possesses a military or quasi-military nature.”
The constitution mandates that the state eliminate all forms of discrimination through an independent commission to be established by parliament. However, by year’s end, parliament had not yet established such a commission.
The country is a party to the International Covenant on Civil and Political Rights but declared in a reservation that it became a party considering that the provisions of the covenant do not conflict with sharia.