Case of Muslim-born Convert, Egyptian State Defense: Christianity Kills Apostates!!!

Last August, Maher Mu'Tasim, filed a case against the Interior Minister, the Civil Registry Director and the President of the National Council for Human Rights.

The session saw heated altercations regarding the application of the Apostasy Law. The state defense team called for the application of the Apostasy Law, and demanded the presence of Dr. Fathi Sorour, Speaker of the People's Assembly to explain the reason behind the legislative vacuum present in Egyptian Law, which ignores the application of the Islamic Sharia Law.

Lawyer Hamid Sadiq, argued that Christianity have a Law governing Apostasy, which requires the killing of Christians who convert!!!! an argument which drew laughter from all those present.

The presiding judge Hamdi Yassin, requested from Nabil Gabriel, the plaintiff’s attorney, the presence of Maher Mu'Tasim, an official certificate confirming his affiliation to a Christian denomination, and a baptism certificate to prove his conversion to Christianity.

Attorney Nabil Gabriel described the emotionally-charged arguments between the two parties regarding Apostasy, stating that the Law of Apostasy, does not exist in Egyptian law, and is in contradiction with the provisions of the Constitution's articles 1, 40 and 46.

Commenting on the judge's demands for the submission of a certificate of affiliation to one of the fundamental Christian denominations, Gabriel said that this cannot be provided; besides it is contrary to Article 151 of the agreement signed by Egypt, which provides for the right to change a person’s religion through declaration of faith and attest. Also, the personal presence of Maher would represent a threat to his life.

Gabriel used in his defense as precedent, the landmark ruling in the case of a Muslim who was allowed to change his religion from Islam to Baha'i and to prove it in his official papers. This ruling consolidated the principle of freedom of religion, and must be adhered and applied to all similar cases.

Commenting on the judge's demands, convert Maher Mu'Tasim said, "It is impossible to present a religious affiliation or a baptism certificate signed by any priest, as this will mean placing the priest or the Church on the targeting list of the state security, as well as the fanatics."

He pointed out that the law does not require those demands but it is sufficient to express the wish to convert. He also added that he believes the judiciary is putting obstacles in his way, in order to find a loophole to dismiss the case.

Maher affirmed his intention to continue with his endeavours to obtain his rights, as provided for, by the Egyptian law and international covenants, to change his religion, and to replace the word "Muslim" on his identification card with "Christian."

The 56-year-old Maher, who was raised as a Muslim, has been practicing Christianity for nearly 35years; he also raised Dina, his 14-year-old daughter, as a Christian.

The Court has postponed the case to February 21st, 2009, to enable Maher to attend personally or provide documentary evidence of his baptism.