24 - 30 May 2001
Issue No.535
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Al-Ahram Weekly Online 24 - 30 May 2001 Issue No.535 |
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Against the law
Nawal El-Saadawi exercises her right of reply
I returned to Egypt on 10 May after an absence of a few months to find that a weekly newspaper had published a distorted version of an interview I had given before my departure, and taken the interview to a number of figures affiliated with the Islamist movement, who condemned me of apostasy. It then extracted a hasty declaration from the grand mufti, in which he argued against some of the ideas I had defended and said I had overstepped the bounds of Islam. On the basis of this statement, a lawyer raised a case of Hisba against me in which he demanded that I be separated from my husband of 37 years.
How could the journalist have misquoted me and decontextualised my statements so blatantly? How could he portray me as an enemy of Islam, insensitive to the beliefs of so many people? The interview had touched on a number of subjects, but all vanished behind the smoke screen of sensationalism.
The newspaper intentionally provoked the powerful religious hierarchy. The mufti was unwittingly goaded into defending what appeared to him as an attack on Islam. His statement added fuel to a volatile situation, although in the real interview all my answers fell within the range of permissible interpretations and in defence of true morality.
I was brought up to believe in the basic principles of Islam. I learned that providing for the family, a simple life and sensitivity to the plight of the poor were more important, in the teachings of the Prophet, than prostrating oneself day and night. For me, Islam has always meant belief in God, the spirit of justice, freedom and love. Wearing the veil is not necessarily an indication of high morals.
My statements stemmed from the conviction that the religious hierarchy has tended to transform Islam into a series of rituals and outdated sermons that take people away from the true spirit of religion. But the newspaper saw fit to turn all this upside down for a commercial cause. The result was a smear campaign meant to sully my reputation and silence voices raised in the struggle for freedom of opinion. This is what those in control of the press call journalistic ethics.
As for the Hisba, the system has been maintained, but according to the modified law passed in 1996 the prosecutor-general alone is authorised to raise cases of Hisba related to Personal Status Law.
The Hisba, therefore, is still a sword of Damocles over the heads of those the state might want to silence. Yet it is in flagrant contradiction with Article 40 of the Egyptian Constitution, which maintains the equality of all citizens before the law. Hisba cases can only be raised by Muslim men. This is a form of discrimination against citizens on the basis of gender and religion and is therefore unconstitutional. Any recourse to Hisba is also in contradiction with Article 46 of the Constitution, which stipulates that the state should guarantee freedom of belief, and Article 47, which states that freedom of opinion is the right of all individuals. Furthermore, only one school of Islamic jurisprudence recognises the Hisba. The fact that it implies punishing the innocent is also in direct contradiction with the most basic of human rights, which hold the individual alone responsible for his actions and do not permit any form of collective punishment. Finally, Article 12 of the Universal Declaration of Human Rights stipulates that there should be no arbitrary interference in the lives of the couple, while Articles 18, 19 and 23 of the International Charter on Civil and Political Rights consider the rights of women as integral to human rights.
My husband and I hope that those who preside over our judiciary will not permit a couple to be separated arbitrarily because a third party has differed with one of them on a matter related to freedom of opinion. We will continue our life together and remain in Egypt, which is where we belong. We demand the abolition of the Hisba, legal reform to protect freedom in creative and intellectual work, the rejection of Hisba cases aimed at separating a couple, and the full implementation of the International Agreement on the Abolition of all Forms of Discrimination against Women.
* The above is an abridged version of a statement the author released to the media.
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