GROWING DEBATE ON SHARIA LAW

C O N F I D E N T I A L SECTION 01 OF 03 CAIRO 06360

E.O. 12356: DECL: OADR
TAGS: PGOV SOCI SHUM EG
SUBJECT: GROWING DEBATE ON SHARIA LAW

REF: CAIRO 5284



1. (CONFIDENTIAL - ENTIRE TEXT.)


2. BEGIN SUMMARY. MOMENTUM IS BEGINNING TO BUILD TOWARD
A MAY DEBATE IN THE PEOPLES ASSEMBLY ON ISLAMIC SHARIA
(KORANIC LAW). IN RECENT DAYS, KEY OPPOSITION FIGURES
FUAD SIRAJ AL-DIN (CHAIRMAN OF THE NEW WAFD PARTY) AND
OMAR TALMASSANI (GENERAL GUIDE OF THE MUSLIM BROTHERHOOD)
APPEARED BEFORE THE ASSEMBLY'S RELIGIOUS AFFAIRS COMMITTEE
TO EXPRESS SUPPORT FOR PURGING OF EXISTING LEGISLATION
NOT IN ACCORDANCE WITH SHARIA. THE SPEAKER OF THE
ASSEMBLY, RIFAAT EL MAHGOUB, WHILE SUPPORTING THE OVERALL
OBJECTIVE, LEFT DELIBERATELY VAGUE THE TIMING AND EXTENT
OF THE PURGE. THE ADVOCATES DOUBTLESS KNOW THE PROCESS
OF IMPLEMENTING "FULL SHARIA" WILL BE PROTRACTED; INDEED,
MUBARAK IS PERCEIVED AS UNCOMPROMISING IN OPPOSITION TO
"THE FULL IMPLEMENTATION OF SHARIA." IN ADVANCE OF THE MAY
DEBATE PUBLIC DISCUSSION OF, AND MANEUVERING ABOUT, SHARIA
ISSUES IS ALREADY UNDERWAY. END SUMMARY.


3. WE RECENTLY REPORTED AT LENGTH ON MUBARAK'S EVOLVING
DEMOCRACY -- SEE CAIRO 5284. THE EGYPTIAN PUBLIC IN THE
LAST FEW DAYS HAS WITNESSED A REMARKABLE DEMONSTRATION
OF THIS DEMOCRACY IN ACTION, AS WAFD PARTY CHAIRMAN FUAD
SIRAJ AL-DIN AND MUSLIM BROTHERHOOD GENERAL GUIDE OMAR
TALMASSANI BOTH ATTENDED HEARINGS OF THE PEOPLES ASSEMBLY
RELIGIOUS AFFAIRS COMMITTEE. THEIR ATTENDANCE, PROMI-
NENTLY REPORTED ON TELEVISION AND IN THE PRESS, WAS A
SIGNAL OF RECONCILIATION BETWEEN THE GOVERNMENT
AND TWO OF THE CHIEF FOES OF FORMER PRESIDENTS NASSER
AND SADAT.

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4. THE RELIGIOUS AFFAIRS COMMITTEE HEARINGS, ALSO
ATTENDED BY SPEAKER RIFAAT EL MAHGOUB, A NUMBER OF
AL-AZHAR SHEIKHS, AND OTHER ISLAMIC EXPERTS, ARE IN
PREPARATION FOR A MAY ASSEMBLY DEBATE ON SHARIA (KORANIC)
LAW. MAHGOUB MADE CLEAR THE GOVERNMENT'S SUPPORT FOR
"PURGING" EXISTING LEGISLATION OF PROVISIONS IN CONFLICT
WITH SHARIA, AND HE WAS ECHOED BY SIRAJ AL-DIN,
TALMASSANI, AND OTHER OPPOSITION PARTY FIGURES. THE
SPEAKER, HOWEVER, WAS DELIBERATELY AMBIGUOUS ABOUT THE
TIMING AND SPEED OF THE PURGE, AS WELL AS ABOUT HOW FAR
IT WOULD GO IN CHANGING THE MYRIAD LAWS ON THE EGYPTIAN
BOOKS. THE EXCHANGES GAVE THE PUBLIC A TASTE OF MORE TO
COME IN THE DEMOCRATIC PROCESS, EGYPTIAN STYLE, WHEREIN
ALL SIDES CAN ADDRESS MAJOR ISLAMIC ISSUES LONG UNRESOLVED,
BUT WITHOUT ANY CONCRETE RESULT LIKELY -- AT LEAST
IMMEDIATELY.

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5. KEY QUESTIONS ARE OF MAJOR IMPORTANCE TO EGYPTIAN
SOCIETY -- THE TREATMENT OF THE COPTIC CHRISTIAN MINORITY
IF SHARIA LAW IS FULLY IMPLEMENTED; POSSIBLE CHANGES IN
THE STATUS OF WOMEN; THE IMPACT OF ABOLITION OF BANKING
INTEREST ON THE ECONOMY; THE EFFECTS ON TOURISM OF BANNING
ALCOHOL; WESTERN REACTION TO THE ADOPTION OF ISLAMIC PUN-
ISHMENTS SUCH AS AMPUTATION, FLOGGING, AND STONING (EVEN
IF SPARINGLY APPLIED). FEW OBSERVERS EXPECT THESE DIF-
FICULT ISSUES UNDERLYING THE SHARIA DEBATE TO BE RESOLVED
IN THE ASSEMBLY DISCUSSIONS IN MAY. THOUGH THEY CANNOT
SAY SO PUBLICLY, OPPOSITION FIGURES LIKE SIRAJ AL-DIN AND
TALMASSANI ACKNOWLEDGE PRIVATELY THAT THE SHARIA DEBATE
WILL ONLY BE THE BEGINNING OF A LONG UNCERTAIN PROCESS.
INDEED, NATIONAL DEMOCRATIC PARTY AND OPPOSITION OBSERV-
ERS BELIEVE THAT MUBARAK WILL NOT COMPROMISE IN HIS OP-
POSITION TO "THE FULL IMPLEMENTATION OF SHARIA," BECAUSE
THE SOCIAL, SECTARIAN, AND INTERNATIONAL COSTS ARE TOO
HIGH. WHAT MARGINAL COMPROMISES, IF ANY, HE MAY CONCEDE

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6. MEANWHILE, HAPPENINGS ON OTHER FRONTS ARE BOTH
PROVOKING AND REENFORCING PUBLIC DISCUSSION OF ISLAMIC
SHARIA ISSUES. HANDLING OF SUCH DISPARATE SUBJECTS AS
OPPOSITION POLITICAL ALLIANCES, PUNISHMENT OF RAPE, AND
WOMEN'S RIGHTS INCREASINGLY FEED THE DEBATE. TO WIT:

-- ONE OF THE STRONGEST PROPONENTS OF SHARIA, SHEIKH
SALAH ABU ISMAIL, WAS HASTILY EXPELLED FROM THE NEW WAFD
OPPOSITION PARTY AFTER CRITICIZING SIRAJ AL-DIN FOR NOT
PUSHING SHARIA HARD ENOUGH. MUSLIM BROTHERHOOD GUIDE
TALMASSANI TURNED HIS BACK ON THE OUTSPOKEN SHEIKH AND
HAS MAINTAINED THE MB'S ALLIANCE WITH THE WAFD.
TALMASSANI OBSERVED TO POLCOUNS AND POLOFF MARCH 5 THAT
THE SHEIKH SOMETIMES SPEAKS OUT BEFORE HE CONSIDERS ALL
THE CONSEQUENCES; SHEIKH SALAH WAS NOW IN THE PROCESS
OF MAKING PEACE WITH THE WAFD (THOUGH NOTHING WAS SAID
ABOUT HIS BEING RETURNED TO THE PARTY).

-- SHARIA PROPONENTS HAVE BEEN LOUDLY CALLING FOR THE
EXECUTION OF OFFENDERS IN SEVERAL NOTORIOUS KIDNAP/RAPE
INCIDENTS IN RECENT WEEKS. THE OPPOSITION PRESS IS
GIVING FULL PUBLICITY TO THIS EVIDENCE OF EROSION IN
TRADITIONAL EGYPTIAN SOCIAL MORES. PUBLIC FEELING IS
RUNNING HIGH IN CAIRO, AMIDST CHARGES THAT OFFENDERS
HAVE BEEN GIVEN SOFT TREATMENT IN THE COURTS. SOME
CRITICS, IN THEIR ENTHUSIASM FOR SEVERE "ISLAMIC"
PUNISHMENT OVERLOOK THE FACT THAT EXECUTION FOR KIDNAP/RAPE
IS POSSIBLE WITHIN THE PRESENT LEGAL CODE. (MANY ALSO
ARE NOW SAYING THAT AMERICAN-MADE TV FILMS ABOUT VIOLENCE
AND CRIME AVAILABLE ON EGYPTIAN TELEVISION ARE CORRUPTING
THE YOUTH.)

-- THE MINISTER OF AWQAF (ISLAMIC ENDOWMENTS) AND THE
CHAIRMAN OF THE ASSEMBLY'S COMPLAINTS COMMITTEE HAVE GONE
PUBLIC WITH DEMANDS TO AMEND THE LAW OF PERSONAL STATUS --
SO THAT SHARIA PROVISIONS REGARDING DIVORCE AND PROPERTY
EOULD AGAIN BE ENFORCED. THE LAW, PASSED UNDER THE LATE
PRESIDENT SADAT AND INFORMALLY NAMED THE "JEHAN LAW"
AFTER HIS WIFE, GAVE THE WIFE THE RIGHT FOR THE FIRST
TIME TO INITIATE DIVORCE IF HER HUSBAND MARRIED A SECOND
WIFE; THE LAW ALSO GAVE A DIVORCED WIFE FIRST RIGHTS TO
THE HOUSEHOLD UNTIL SHE IS PROVIDED EQUIVALENT QUARTERS.
TODAY, IMPORTANT SHEIKHS, WHO IN 1979 TRIMMED THEIR
INTERPRETATIONS TO SUIT "WOMEN'S RIGHTS" PUSHED BY SADAT
AND HIS WIFE, HAVE BEGUN TACKING TOWARD A MORE LITERAL
INTERPRETATION OF SHARIA.


7. AGAINST THE BACKDROP OF GROWING SHARIA DISCUSSIONS,
THE STATE AUTHORITIES IN RECENT WEEKS HAVE BEEN ACTIVE
AGAINST FRINGE ELEMENTS OF THE POLITICO-RELIGIOUS SPECTRUM.

-- AT CAIRO'S AL-NUR MOSQUE, A MAGNET FOR ISLAMIC HARD-
LINERS IN THE CAPITAL, RELIGIOUS EXTREMISTS (SOME FROM
AL-JIHAD, SOME FOR AL-HIDAIYA AL-ISLAMIYA) HAVE BEEN
PICKED UP ON THREE SUCCESSIVE WEEKENDS FOLLOWING FRIDAY
PRAYERS -- FOR DISTRIBUTING LEAFLETS WHOSE CONTENTS HAVE
NOT BEEN REPORTED. NO CHARGES HAVE BEEN PLACED, AND THE
DETAINEES RELEASED UPON PAYMENT OF TOKEN FINES. SIMILAR
ACTIONS HAVE BEEN REPORTED (BUT NOT DETAILED) IN THE
UNIVERSITY TOWNS OF MINYA AND ASSIUT AGAINST FORMER
DEFENDANTS FREED LAST OCTOBER IN THE PROLONGED TRIAL OF
THOSE CHARGED IN THE ARMED REVOLT FOLLOWING SADAT'S 1981
ASSASSINATION. (BEHIND THE SCENES THE MINISTRY OF AWQAF
SEEMS TO BE STRUGGLING TO EXERCISE SUPERVISION OVER AL-NUR,
WHOSE LEADING SHEIKH IS STILL DENIED THE PULPIT. IN THE
LATTER SADAT YEARS, AL-NUR MOSQUE DREW UP TO THIRTY
THOUSAND WORSHIPPERS ON FRIDAYS TO LISTEN TO ANTI-SADAT
SERMONS.)

-- IN ALEXANDRIA, A "CRAZY DOCTOR" WAS ARRESTED ALONG
WITH 30 OR SO FOLLOWERS; HE CLAIMED TO BE THE PROPHET
MOHAMED, AND HAPPENED TO HAVE ONE MILLION DOLLARS PLUS
IN HIS BANK ACCOUNT. NO CHARGES HAVE YET BEEN FILED.

-- IN LATE FEBRUARY, SOME 40 BAHAIS WERE ARRESTED FOR
VIOLATING A 1960 NASSER DECREE (STILL IN EFFECT) OUTLAWING
BAHAI ACTIVITIES IN EGYPT. AN AL-AZHAR UNDERSECRETARY
SENT DOCUMENTS TO THE STATE SECURITY PROSECUTOR SHOWING
THAT THE BAHAIS HAVE ALWAYS BEEN CONSIDERED "APOSTATES"
FROM ISLAM. (THE BAHAIS HAVE SUBSEQUENTLY BEEN RELEASED
WITHOUT CHARGES AND ARE PRESENTLY REMAINING IN THEIR
HOMES. SEE CAIRO 06100.)
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-- ON FEBRUARY 26 TALMASSANI WAS SUDDENTLY (AND WITH-
OUT EXPLANATION) FORBIDDEN ACCESS TO CAIRO UNIVERSITY.
HE HAD BEEN SCHEDULED TO ADDRESS A MEETING AT THE COM-
MERCE COLLEGE, AT THE INVITATION OF THE STUDENT COUNCIL.
PERMISSION WAS IN WRITING, AND STAMPED BY THE VICE
CHANCELLOR'S OFFICE. HOWEVER, HE TOLD POLCOUNS AT 9:30
ON THE MORNING OF THE SPEECH, HE WAS NOTIFIED THAT THE
PERMISSION HAD BEEN WITHDRAWN. THE STUDENT DEMONSTRA-
TION FOLLOWED (SEE CAIRO 5919). TALMASSANI CRITICIZED
THE DECISION TO US, NOTING THAT THE STUDENT COUNCIL HAD
A "MODERATE" ISLAMIC MAJORITY (SUPPORTED BY MUSLIM
BROTHERHOOD) AND THAT HIS APPEARANCE WOULD HAVE PACIFIED -
NOT INCITED - THE STUDENTS.

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8. COMMENT: THESE MOVES REPRESENT THE GOVERNMENT'S
POLISHING OF ITS OWN ISLAMIC CREDENTIALS (IN THE CASES
OF THE BAHAIS AND ALEXANDRIA'S DERANGED PROPHET),AND
SETTING LIMITS FOR ACCEPTABLE POLITICAL/RELIGIOUS BE-
HAVIOR (IN THE CASE OF AL-NUR MOSQUEAND THE BANNING
OF TALMASSANI'S UNIVERSITY SPEECH.) AS FOR THE INCIPIENT
DEBATE IN THE ASSEMBLY AND PRESS ON SHARIA, IT IS AT THIS
STAGE MORE SHADOW THAN SUBSTANCE; BUT IT IS NONETHELESS
AN IMPORTANT REFLECTION OF THE MOOD OF THE SOCIETY. PRO-
FOUND SOCIAL ISSUES ARE INVOLVED. THE GOAL OF "SECULAR-
ISTS" WHO RUN THE GOVERNMENT IS TO ENCOMPASS MODERATE
ISLAMIC ELEMENTS WITHIN THE POLITICAL SYSTEM, UNDERCUT-
TING EXTREMISM WHILE PREVENTING THE ADOPTION OF THE COM-
PLETE IMPLEMENTATION OF SHARIA. THE ISLAMIC SIDE, WHICH
INCLUDES THE MUSLIM BROTHERHOOD AND TO SOME EXTENT THE
WAFD, PLUS MAINSTREAM MUSLIM LEADERS FROM AL-AZHAR AND
THE MINISTRY OF AWQAF, HOPES TO USE THE DEMOCRATIC
PROCESS TO BUILD UP AN IRREVERSIBLE MOMENTUM TOWARD
SHARIA. BOTH SIDES AT PRESENT ARE KEEN TO MAINTAIN THE
STABILITY OF EGYPTIAN SOCIETY, THOUGH MISMANAGEMENT OF
THE SHARIA ISSUE COULD CREATE SERIOUS TENSIONS. END
COMMENT.


PRECHT