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The legal framework of apostasy in Egypt: an illegal limitation on freedom of belief
In 1996 the Egyptian Court of Cassation annulled the marriage of scholar Nasr Hamed Abou Zayd. The court ruled that through his blasphemous religious statements, he had committed apostasy. Four decades later, in 2007 the Egyptian Administrative Court did not recognize the conversion of 22 citizens f...
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| Format: | Thesis |
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AUC Knowledge Fountain
2014
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| _version_ | 1867613413045174272 |
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| access_status_str | Open Access |
| author | Nassar, Yara Yasser |
| author_browse | Nassar, Yara Yasser |
| author_facet | Nassar, Yara Yasser |
| author_sort | Nassar, Yara Yasser |
| collection | Thesis |
| dc_rights_str_mv | The author retains all rights with regard to copyright. The author certifies that written permission from the owner(s) of third-party copyrighted matter included in the thesis, dissertation, paper, or record of study has been obtained. The author further certifies that IRB approval has been obtained for this thesis, or that IRB approval is not necessary for this thesis. Insofar as this thesis, dissertation, paper, or record of study is an educational record as defined in the Family Educational Rights and Privacy Act (FERPA) (20 USC 1232g), the author has granted consent to disclosure of it to anyone who requests a copy. |
| description | In 1996 the Egyptian Court of Cassation annulled the marriage of scholar Nasr Hamed Abou Zayd. The court ruled that through his blasphemous religious statements, he had committed apostasy. Four decades later, in 2007 the Egyptian Administrative Court did not recognize the conversion of 22 citizens from Islam to Christianity considering it an act of apostasy not recognizable by Islamic Shari'a. Egyptian authorities have arrested citizens converting from Islam citing that their apostasy was considered a belittlement of Islam and hence a violation of Egyptian Criminal Law. These are but just three examples and simply the tip of the iceberg of the legal framework of apostasy in Egyptian law and its effect on the lives of citizens and their right to freedom of belief and worship. This thesis will analyze limitations on freedom of belief in Egypt through an analysis of the legal framework of the right to abandon Islam, apostasy. In the Thesis, through a thorough analysis of Egyptian jurisprudence in regards to apostasy, we will understand that Egyptian judges wrongfully consider the rules of apostasy as an undisputed part of Islamic Shari’a and therefore a part of Egyptian public policy that is legally binding. The Diversity of opinion in Islamic Shari’a in regards to apostasy will be analyzed to prove that its rules are in fact disputed and should not be applied as part of Egyptian public policy. The Thesis will then move to see the danger of the legal framework of apostasy as it is used for political means. Finally, after understanding the framework of apostasy we will attempt to understand the choice of the Egyptian judges to apply the most conservative understanding of Islamic Shari’a in regards to apostasy and consequently choose to limit freedom of belief and violate Egypt’s international obligations. |
| format | Thesis |
| id | oai:fount.aucegypt.edu:etds-1861 |
| institution | American University in Cairo (Egypt) |
| last_indexed | 2026-06-10T12:35:44.926Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from AUC Knowledge Fountain — bepress |
| publishDate | 2014 |
| publishDateRange | 2014 |
| publishDateSort | 2014 |
| publisher | AUC Knowledge Fountain |
| publisherStr | AUC Knowledge Fountain |
| record_format | dspace |
| source_str | AUC Knowledge Fountain — bepress |
| spelling | oai:fount.aucegypt.edu:etds-1861 The legal framework of apostasy in Egypt: an illegal limitation on freedom of belief Nassar, Yara Yasser In 1996 the Egyptian Court of Cassation annulled the marriage of scholar Nasr Hamed Abou Zayd. The court ruled that through his blasphemous religious statements, he had committed apostasy. Four decades later, in 2007 the Egyptian Administrative Court did not recognize the conversion of 22 citizens from Islam to Christianity considering it an act of apostasy not recognizable by Islamic Shari'a. Egyptian authorities have arrested citizens converting from Islam citing that their apostasy was considered a belittlement of Islam and hence a violation of Egyptian Criminal Law. These are but just three examples and simply the tip of the iceberg of the legal framework of apostasy in Egyptian law and its effect on the lives of citizens and their right to freedom of belief and worship. This thesis will analyze limitations on freedom of belief in Egypt through an analysis of the legal framework of the right to abandon Islam, apostasy. In the Thesis, through a thorough analysis of Egyptian jurisprudence in regards to apostasy, we will understand that Egyptian judges wrongfully consider the rules of apostasy as an undisputed part of Islamic Shari’a and therefore a part of Egyptian public policy that is legally binding. The Diversity of opinion in Islamic Shari’a in regards to apostasy will be analyzed to prove that its rules are in fact disputed and should not be applied as part of Egyptian public policy. The Thesis will then move to see the danger of the legal framework of apostasy as it is used for political means. Finally, after understanding the framework of apostasy we will attempt to understand the choice of the Egyptian judges to apply the most conservative understanding of Islamic Shari’a in regards to apostasy and consequently choose to limit freedom of belief and violate Egypt’s international obligations. 2014-06-01T07:00:00Z thesis application/pdf https://fount.aucegypt.edu/etds/862 https://fount.aucegypt.edu/context/etds/article/1861/viewcontent/Yara_20Nassar_20Thesis.docx.pdf The author retains all rights with regard to copyright. The author certifies that written permission from the owner(s) of third-party copyrighted matter included in the thesis, dissertation, paper, or record of study has been obtained. The author further certifies that IRB approval has been obtained for this thesis, or that IRB approval is not necessary for this thesis. Insofar as this thesis, dissertation, paper, or record of study is an educational record as defined in the Family Educational Rights and Privacy Act (FERPA) (20 USC 1232g), the author has granted consent to disclosure of it to anyone who requests a copy. Theses and Dissertations AUC Knowledge Fountain Apostasy Egyptian Law |
| spellingShingle | Apostasy Egyptian Law Nassar, Yara Yasser The legal framework of apostasy in Egypt: an illegal limitation on freedom of belief |
| title | The legal framework of apostasy in Egypt: an illegal limitation on freedom of belief |
| title_full | The legal framework of apostasy in Egypt: an illegal limitation on freedom of belief |
| title_fullStr | The legal framework of apostasy in Egypt: an illegal limitation on freedom of belief |
| title_full_unstemmed | The legal framework of apostasy in Egypt: an illegal limitation on freedom of belief |
| title_short | The legal framework of apostasy in Egypt: an illegal limitation on freedom of belief |
| title_sort | legal framework of apostasy in egypt an illegal limitation on freedom of belief |
| topic | Apostasy Egyptian Law |
| url | https://fount.aucegypt.edu/etds/862 https://fount.aucegypt.edu/context/etds/article/1861/viewcontent/Yara_20Nassar_20Thesis.docx.pdf |
| work_keys_str_mv | AT nassaryarayasser thelegalframeworkofapostasyinegyptanillegallimitationonfreedomofbelief AT nassaryarayasser legalframeworkofapostasyinegyptanillegallimitationonfreedomofbelief |