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Church Property The legal foundation for the Egyptian state's control of church property is the Ottoman Hamayoni decree of 1856, which was amplified by the Interior Ministry in 1934. Notwithstanding changes of regime since the mid-19th century, the Hamayoni decree remains a valid part of Egypt's civil law. It was issued during the rule of the Ottoman Viceroy Said when Egypt was developing its civil law to provide a more modern complement to traditional Islamic law. It is based on the discriminatory tradition of the Khyber treaty and the regulations of Omar. The Hamayoni decree requires Christian congregations to submit petitions for any form of building, repair or renovation of church buildings to the head of state. Any such work depends on his approval. Great bureaucratic hurdles must be overcome to build a church or even to replace a pane of glass or repair a toilet. The church must satisfy the Ministry of Interior, on behalf of the President, that the building is not less than 100 meters from a mosque or is not in a predominately Muslim neighborhood, that local businesses and residents do not object and that there is no other place for local Christians to worship. The state uses these regulations as a weapon against the church. By means of the decree the state can and routinely does obstruct church life by refusing or delaying permission for the building and repair of churches. Militant Muslims have been known to set up makeshift mosques near the sites of planned churches or beside churches in need of repair, thereby giving the government a legal pretext for preventing construction or repair. Permission from the President alone does not always pave the way for the erection of a new building or the repair of an existing one. Approval is also required from the local authorities and the State Security Bureau, which is empowered to judge whether work on a church building constitutes a threat to the security of the state. The State Security Bureau often works outside the law in obstructing the construction and repair of Christian churches. Top | Back to list | Back The Islamic state grants fewer building permits to the Coptic Orthodox Church, which it views as a greater potential threat, than to other churches. Permission to build churches in new urban developments is normally refused, thus leaving Christians living in such areas far from a church. Successful applications typically take ten to thirty years before the necessary Presidential approval comes. In the decade between January 1981 and December 1990 the Coptic Orthodox Church received only ten permits to build new churches and 26 permits for repair work. Other Christian Churches received 44 building and repair permits during the same period. Many applications are rejected or remain unanswered. In the first half of 1991 the Coptic Orthodox Church received two permits after submitting six applications. One was for the building of an office, the other was for the repair of a toilet. Private mosques may be built and maintained without government permission. Reported Cases: Applications for the building of Coptic Orthodox Churches are still pending in the following locations:
1) Al-Tabaya district of Alexandria, application submitted in
1961. Permission to repair the following Coptic Orthodox Churches has been denied:
1) St. Abadeer's, Asyout. The following Coptic Orthodox Churches have been closed by the government for failing to comply with building regulations:
1) St. George's, Mahomoudia near Dairut. Top | Back to list | Back Jarja Presidential Decree 273 of 1988 granted the St. Shenouda Coptic Orthodox Church in the town of Jarja in Sohag Province permission to repair its fence. Despite this the security police have prevented the commencement of repair work. Alzanqur The Coptic Orthodox congregation in Alzanqur (Jaraja District, Sohag Province) was granted permission on the basis of Presidential Decree 51 of 1988 to build the Church of St. Mary the Virgin according to its architect's plans. Despite President Mubarak permission, the State Security Bureau has prevented commencement of the building. Having submitted all the legal documents, the local bishop wrote to the head of the State Security Bureau on April 7, 1990, asking for permission to start construction. This letter and other petitions from the congregation have remained unanswered. Mayiet Bara The decree issued by President Mubarak on April 21, 1991 permitting the repair of a church toilet in Mayiet Bara reads as follows: "Considering the Constitution and Law no. 15 of 1927 which regulates the religious places, the appointment of the religious leaders and the questions related to the religions allowed by the State; Considering Royal Decree no. 30, 1928 for the licensing of the establishment of the Church of the Coptic Orthodox denomination which is Mayiet in the Qusan District of Manufiya Province; It is decreed as follows: Article One: The Coptic Orthodox Church is licensed to renew its toilet which belongs to the Church of Mayiet Bara of the Coptic Orthodox denomination of the Qusna District of Manufiya Province. Article Two: This decree is to be published in the official daily newspaper and is to be effective from the date of its publication. Issued at the President's Office on 6th Shawal 1411 which is April 21, 1991." Top | Back to list | Back Ibrahim Pasha and Manqateen On Saturday, February 16, 1991 the Coptic Orthodox of Ibrahim Pasha and Manqateen gathered to consecrate a makeshift place of worship to serve the two small villages without the permission of the authorities. On the following day armed police arrived in 17 vehicles, entered the simple church during worship and brutally beat the priest and deacons, kicking them in the head and tearing their clothes. The police then systematically destroyed everything in the church, ripping up Bibles, and smashing icons. They also ransacked the annex and the living quarters of the priest. The police returned the next day and confiscated the following items: 22 doors, ten windows, 1 electric generator, 1 PA system, 2 wardrobes, 10 blankets, 4 wooden benches, and 5 gas cylinders. The destroyed church was built after the 6,000 Coptic Orthodox worshippers of the two villages had waited 13 years for official permission to build their church. During this time they had nowhere nearby to meet for worship and Christian education. They had to travel long distances for a church wedding, baptism or burial service. None of their many applications for official permission to build a church were answered. Today the church and the living quarters of the priest stand completely destroyed. Shortly before the police attack the State Security Bureau called the Bishop of Minya, ordering him to close the new church on the grounds that Christian worship there was not only illegal, but an anti-state activity. Al-Qasriya The Anba Makar Coptic Orthodox Church in the village of Al-Qasriya in Sohag Province was built in 1950. At the end of 1983 one of the main wooden beams supporting the ceiling collapsed, rendering the church unsafe for use. The leaders of the congregation made arrangements for the immediate reinforcement of the ceiling. Officers of the State Security Bureau closed the church in January 1984, stating that the repair had not been authorized. After the congregation had tried repeatedly to gain authorization for the repair for over a year, the Bishop of Jaraja wrote to the Interior Minister in 1985, seeking both an explanation of the action of the security police and authorization for the reopening of the church. The Interior Minister has not yet responded to the bishop's letter and the Coptic Orthodox community of Al-Qasriya remain locked out of their church. Bahjura The Coptic Orthodox congregation in the village of Bahjura in the district of Naja'a Hamadi in Qena Province received Presidential Decree no. 1930 of 1974, granting permission for the building of a church. Two years later as construction was nearing its end the authorities intervened and prevented its completion. The faithful worshipped throughout the hot summers and bitterly cold winters in a church without doors and windows. From time to time the authorities vandalize parts of the surrounding yard. Repeated petitions to President Mubarak and other high ranking officials have had no positive effect. Top | Back to list | Back Al-Talihat In 1967 the Egyptian authorities responded positively to an application submitted in 1958 by the Coptic Orthodox congregation of Al-Talihat, Jihina District, Sohag Province, for permission to build a new church. Construction work began immediately. When the walls reached the height of one and a half meters the police prevented further construction work. The leaders of the 3,000 Orthodox Christians of Al-Talihat have tried energetically, but without success to get permission for resuming construction. Alexandria About 3,000 Coptic Orthodox live in the Al-Tabaiya district of Alexandria and the surrounding region. In 1961 they applied for permission to build a church. Though permission was not forthcoming the congregation obtained a small house where it worshipped and met for other purposes. However the upper floor of the house was dangerously weak and in need for urgent repair. The congregation received permission for the repair work, but shortly after it commenced the police intervened to prevent the completion of the job. The police successfully obstructed the repair work until the building permit expired. The priest was then intimidated into signing an undertaking that the house would not be used for worship or any other kind of religious meeting. The members of St. Mary's Coptic Orthodox Church in the Cleopatra District of Alexandria received presidential permission to renovate their church building in 1979. However, the local authorities continue to prevent the repairs from being carried out. Top | Back to list | Back Asyout Four hundred square meters of property belonging to the First Evangelical Church of Asyout was confiscated by Muslim fundamentalists, who built there a center for the propagation of Islam, a clinic and a Qur'an school. Fearing reprisals from the militant Muslims, the authorities failed to intervene on behalf of the church. When the pastor called on the authorities to stop the unlawful confiscation he was told to be thankful that the whole of the church had not been expropriated. However the church's application of 1974 for the construction of new toilet facilities was recently approved by the Interior Ministry. Ayad The Coptic Orthodox congregation in Ayad in the province of Giza received presidential permission in 1973 for the building of a church. Nevertheless, the local authorities have refused to give their assent to the construction. Beni Muhammad Nineteen Christian residents of Beni Muhammad in Asyout Province were arrested by agents of the State Security Bureau and imprisoned in 1990 for having allegedly tried to build a church. The detainees ranged in age from 13 to 75. Two months later they were released for want of evidence. Cairo In 1982 militant Muslims confiscated 1080 square meters of undeveloped land in the E'an Shammas District of Cairo belonging to two Christian brothers, Muhandees and Fouad Ramzy. On this land the large El Tawhid Mosque was constructed. The owners received no compensation for their loss. Top | Back to list | Back |
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