is inseparable from the freedom to practice or exercise such belief which can be
restricted for purposes of maintaining public order, moral values, and protecting the
rights and freedoms of others. The SCC adopted this interpretation in a 1996 judgment
delivered in Case No 8. Article 43 of its new Constitution (2012) also guarantees
freedom of religion and faith in accordance with the international instruments to
which it adheres subject to its reservations and the permissible limitations.
107. Issues of personal status of its citizens on the other hand are governed by
specific laws relating to the three recognised divine religions. These specific laws
together constitute part of the public order based on Islamic Sharia which is the
predominant source of laws. Adherents of any of the three divine religions are free to
approach the courts to enforce their personal law, and in case of conflict among the
three specific laws, the Islamic Sharia applies as the default public order in accordance
with Article 2 of the Constitution.
108. It is in light of the public order as dictated by Islamic Sharia that reservations
have been entered concerning Article 18 of the ICCPR and Article 8 of the Charter. The
reservations subject these provisions to the dictates of Islamic Sharia. Part of Islamic
Sharia is the consensus of scholars which recognises the three divine religions.
Whereas successive Egyptian Constitutions have recognised and protected freedom of
religion generally, it is only the three divine religions that have been recognised by the
state and their practice is protected. These are the religions which are recorded in
official documents. Other religions including Baha’i are not recognised by the State
and cannot be recorded in official documents.
109. Accordingly, based on the reservations and the requirements of Islamic Sharia,
the Supreme Administrative Court decided in the victims’ own Application No.
24044/58 that “Baha’i” cannot be recorded as religious identity on civil status
documents or any other official documents issued by the State or its agencies.
110. However, there were further law suits dealt with by domestic court subsequent
to the submission of the present Communication. In those suits adherents of the Baha’i
faith sought the annulment of an administrative decision refusing to issue them with
identity cards with the religion column left blank instead of compelling them to choose
from the three officially recognised religions. The High Administrative Court annulled
the impugned decision and directed that Baha’is should be issued with identity
documents with the religion column left blank or indicating a dash. An appeal by third
parties was dismissed, and the decision of the Administrative Court was upheld.
111. The decision of the Administrative Court was fully implemented. Principally,
the Civil Status Law was amended to the effect that all adherents of Baha’i religion
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