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  • Monday ,26 April 2010

The first draft law on " the freedom of faith and the prevention of manipulation of religions"

Dr. Naguib Gibraeel

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Monday ,26 April 2010

The first draft law on

 Preface and Introduction to the reasons for the presentation of this project 

As the religious freedoms is one of the serious problems facing the Egyptian society, also is the practical reality that can not be ignored as many people who believe in a religion other than their original religion of birht, whether Islamic or Christian, regardless of whether this involves a genuine desire for a definite new religion, or is it to the whim of a person for material benefits or an access to benefits or looking forward to a post or to get rid of a problem, or sometimes in many cases there could be a genuine desire to believe in a new religion 
then a confusing of tangles, and with the absence of a legal system that guarantees and discipline the freedom of faith in Egypt, to lead to more tension and also further proceedings chase by the security, has led the case to reach travel banning and sending many people as detained in prisons  
This also led to distortion of Egypt's reputation before the international community and put it in an intense international embarrassment, but in many cases, international reports came about Egypt as to put Egypt in the forefront of the countries violating religious freedom
Also, the true reality can not be hidden or to hide our heads and give for those traders and manipulators of religion, the opportunity to commit fraud crimes motivated by, and the victims are those who could not choose their faith and could not also file it in their personal identity documents.  
  the state continues to refuse this type of people and the introduction of this project is to confirm what is mentioned in the Islamic Shariah, which continued to be hold by the Egyptian regime as the main source in legislation, but under this system, this project holds firmly to the decision of the Islamic law that "no compulsion in religion." "do you force the people to believe", " those who will to believe, let them believe, those who will not to believe, let them not to believe".
  And then we have introduced this project to be as follows 
  After the review given to the first article of the Constitution and the Special Session of citizenship and rule of equality and rule forty-six, the session of the State to guarantee the freedom of faith.  
Having examined the international conventions signed by Egypt and particularly of the agreements of the International Covenant on Civil and Political Rights After reviewing the authorities and the relevant code of the international human rights decrees 
  we issued the following law 
  The first article: - 
  to identify the freedom of belief or faith "as the right and the desire of each person to believe as he wishes, of the religion or the creed, enshrined in the constitution or issued by the final judicial rulings of the court.  
  Article two: - 
  the freedom of belief, is the desire of a person to believe in a religion or a creed , as convinced and with belief with ambiguity or being ambiguous.  
  Article three: - 
  to be considered out from the concept of freedom of belief, anyone who has taken the change of faith or religion to another religion just for a desire in himself or to have a benefit that materially or physically , to escape a critical situation or a crime or with the purpose of extortion or excitement or any other purpose outside the scope of the full believe and the full conviction of the new faith.  
  Article four: - 
  This is to be entrusted to his Excellency the Minister of Justice to issue a decree to form a committee of seven members, two members from Al-Azhar and two other members of the Christian clergies and two members from the NGOs, headed by a judge with the degree of a counselor.    
The task of this committee is to examine the situation of the one who has the desire to change his religion or belief and whether this change is based on the full conviction and believe or it is for reasons other than to believe in things away of the heart of this religion, he will convert to. 
the decisions of this Committee is for the higher numbers of votes, whether for the rejection or the acceptance or approval, and when the change is to Judaism, there should be someone within the composition of the people belonging to Judaism religion, in that case a decision shall be on the side regarded as most correct by the Chairman of the Committee to be the maximum limit on the processing of the application for not longer than three months.  
  Article five: - 
In case of rejection, it is to the person concerned the right to resort to the Court of urgent affairs, within one month from the date of the decision of the Committee of the above that the competent court shall determine a verdict within three months of the date of  filing the objection document, this provision is subject to appeal before the Court of Appeals for urgent matters,  the rule of this court is final and conclusive .  
  Article six: - 
  for those entitled as approved to convert to a religion or a creed, to have new identity documents to prove his religion or the new name either of the above decision given by the committee or the final court ruling that is not subject to have the documents from the securities with any actions or approvals.  
  Article seven: - 
Taking into consideration the feeling of the public and to keep the public order and morals, it is fully prohibited on those adherents of a religion or a new creed that so openly or appear in any way in the media for this purpose, considering that faith is a relationship between man and God, In the case of violation of this code they shall be subject to penalties provided in this Law .  
   Article eight: - 
  the change of faith or religion does not confer an impact only on those who espoused and does not apply its effect whatsoever on any of the members of his family such as the father, the mother or the wife or the children. 
Article nine: - 
If the commission ascertains fathead by Article four of this Act and after exhausting all the ways established in Article four and proven certain that the one demanded the change was not due to conviction of the new religion but had another reason, to be referred to the Committee by the relevant person on behalf of the public and which shall refer it in turn to the criminal judge, who shall be entitled as fined by a fine of five thousand pounds to ten thousand pounds In case of recidivism, the penalty shall be two to five years of imprisonment and a fine not less than 30. 000 pounds, or one of the two penalties and a fine of three thousand to five thousand pounds each of which to any who runs counter to Article seven of this law. 
  Article X: - 
  The Penal Code is to be amended with a new article provided for the crime of tampering religions that apply thereto the penalties provided for by Article nine with a precise description of them.  
  Article eleven: - 
Repealed every law in contrary to this law.  
  Article tewleve: - 
  this Law shall be published in the Official Gazette after affixing the seal of the State and staffed by an Act of the State in a month following the date of its publication.
Submitted this draft of law 
Dr. / Naguib Gibraeel 
  President of the," Egyptian union", Organiztion for Human Rights.