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The Confiscation of the Book "Modern Sheikhs"
A New Drawback of Freedom of Expression
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11/10/2006
EOHR expresses its deepest worries concerning the decision of the Egyptian Censorship Office to confiscate the book "Modern Sheikhs and the Making of Religious Extremism" by Dr. Mouhamed Fattoh, which constitutes a violation to freedom of opinion and expression stipulated in Articles 47, 48 and 49 of the Egyptian Constitution, which state the freedom of opinion and expression in literature, art and culture. This decision also contradicts with Article 19 of ICCPR which is supposed to be included in Egyptian legislation after being ratified by the Egyptian Government.
The Egyptian Censorship had raided Madbouly bookstore, which publisher of the book "Modern Sheikhs and the Making of Religious Extremism" and confiscated 280 copies of the book claiming that the publisher didn't acquire a license from Al Azhar. There was no official court decision to confiscate the book. The book criticizes Al Azhar and its censorship on art and literature. The book also tackled the right of women to lead prayers, and separating religion from the state.
In this context, EOHR believes that this decision constitutes a breach to freedom of thought, belief and expression. EOHR previously reaffirmed that the decision of granting Al Azhar a judicial seizure authority is only an example of a whole framework of legal and administrative restrictions that block the way to freedom of opinion and expression in Egypt.
The Egyptian legislator granted the administrative authorities a wide range of powers and authority, such as banning publications and distribution of printed materials. The Council of Ministries has the right to ban any foreign publications, or any books that may contradict with religion in a way that may disturb public security. Also Law 40/1977 (Political Parties Affairs) grants the right to suspend political parties' newspapers, which also constitutes another restriction to freedom of thought and believe, especially that we are now in need to open the doors of Ijtihad (Personal interpretations of religion) in order to reform the religious ideas and concepts.
EOHR restates its demands which was previously announced as follows:
The cancellation of the Minister of Justice's decision to grant Al Azhar inspectors the judicial seizure authority, as it constitutes a clear violation to the Constitution and the international instruments.
The Egyptian government must respect constitutional provisions on freedom of opinion, expression, thought and belief. Article 49 of the Constitution provides: "The state shall guarantee the freedom of scientific research and literary, artistic and cultural invention and provide the necessary means for its realization". Legislation must be amended to rid it of provisions which violate the right to opinion, thought and belief.
Religious guardianship of thought, literature and art in Egypt must be put to an end within the context of the recommendations made above. EOHR has repeatedly demanded the lifting of restrictions on freedom of opinion and an end to all forms of censorship on journalism, publication and distribution of publications and creative and artistic works.
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