Egyptian Law and Human Rights

Cases: Egyptian laws limiting Bahai institutions and practices; LautsiDahlab, Refah Partisi, Şahin, Kokkinakis, and Otto-Preminger-Institut judgments.

Case Synopsis: This module compares Egyptian jurisprudence produced on the status of the Bahai minority with key cases in the jurisprudence of the European Court in which the principle of religious liberty and public order is invoked. Unlike Judaism and Christianity, which the Egyptian state formally recognizes, the practice of the Bahai faith is prohibited in Egypt, a ban that places certain limits on the civil and political rights of the Bahais. This ban is compared and contrasted with the well-known LautsiDahlab, Refah Partisi, Şahin, Kokkinakis, and Otto-Preminger-Institut judgments of the European Court of Human Rights. This case module originated in the work of Saba Mahmood and Peter G. Danchin.

Sources

Court of Administrative Justice Judgment

Court of Administrative Judgment, Case 12780 of the sixty-first judicial year, issued on January 29, 2008.

Report of State Commissioner on Appeal to Supreme Administrative Court

Report of the State Commissioner on Appeals 8971 and 6843, issued in 2006.

First Examination Circuit on Appeals

First Examination Circuit on Appeal no: 18971/16834, issued on June 19, 2006.

Administrative Court Ruling on Izzat-Rushdie Case

Administrative Court Ruling, Case 24044 of the forty-fifth judicial year, issued on April 4, 2006.

Analyses

Antinomies of Religious Freedom

Saba Mahmood and Peter G. Danchin, “Immunity or Regulation? Antinomies of Religious Freedom,” South Atlantic Quarterly 113, no. 1 (December 21, 2014): 129–59.

Context

The Baha'i Faith in Egypt

Brief historical overview from the Religious Literacy Project

Legal Status of Baha'i Faith

Johanna Pink, “A Post-Qurʾānic Religion between Apostasy and Public Order: Egyptian Muftis and Courts on the Legal Status of the Bahāʾī Faith,” Islamic Law and Society 10, no. 3 (2003): 409–34.

Apostasy in Egyptian Law

Baber Johansen, “Apostasy as Objective and Depersonalized Fact: Two Recent Egyptian Court Judgments,” Social Research 70, no. 3 (2003): 687–710.

Non-Muslims in Egyptian Law

Maurits Berger, “Public Policy and Islamic Law: The Modern Dhimmī in Contemporary Egyptian Family Law,” Islamic Law and Society 8, no. 1 (2001): 88–136.