-Caveat Lector-

Egyptian feminist faces stiff penalty for statements deemed anti-Islamic

Preliminary hearings begin today against Nawal Al-Saadawi, who faces
forced divorce.

By Sarah Gauch
Special to The Christian Science Monitor

http://www.csmonitor.com/durable/2001/06/18/p9s1.htm

CAIRO

A prominent Egyptian feminist and novelist goes to court today in a case
that will determine whether or not she will stay married to her husband of
many years.

But this is no ordinary divorce court. Nawal Al-Saadawi is accused of
breaking Islamic law, and if found guilty, she would be required to
divorce her husband. Her crime: making statements construed as a
renouncement of Islam.

Ms. Saadawi's dilemma began when a weekly independent newspaper published
some of her controversial opinions. In the article, she said the
Islamic-based inheritance law that gives women half of what men get should
be abolished, that the Koran doesn't require women to wear the veil, and
that the annual pilgrimage to Mecca in Saudi Arabia is in fact a
pre-Islamic ritual. Egypt's Mufti later deemed her comments anti-Islamic.

A hearing for opening arguments begins today in the case, which was filed
by civil lawyer Nabih Al-Wahsh.

The case against Saadawi has provoked outrage among intellectuals,
writers, and human and women's rights groups worldwide, many of which have
started support campaigns and written letters urging the Egyptian
government to block the case.

That one person could bring charges so easily against someone for
expressing controversial opinions raises serious questions about freedom
of speech here, many say.

And for a legal provision that is rarely used in this society, this case
also shows the increased power of Egypt's Islamic conservatives and the
growth of religion in the society at large.

Intellectuals concerned

"This is a very inhibitive atmosphere," says Walid Kazziha, political
professor at the American University in Cairo.

"The danger is that it's not an inhibition imposed by a political Islamic
group only, but it is imposed by the new cultural twist of society
itself," which is growing more religious. "It is very operative and it
could lead to the stifling of innovation in literature, art, politics,
even in religion."

Founder of the Arab Women's Solidarity Association - which was dissolved
by the Egyptian government in 1991 - Saadawi is known worldwide for her
progressive viewpoints on women's rights issues.

She has written 30 books - 28 of them later translated into other
languages - and recently finished a stint as a scholar at Duke University
in Durham, N.C.

"This punishment [of divorce] is not reasonable, ... it is used as a
discouragement of freedom of expression, which is the right of everyone
and the special duty of the writer," the International PEN Women Writers
Committee said in a letter to Egypt's general prosecutor.

Nonetheless, with her signature white mane of hair and broad smile,
Saadawi is as feisty as ever and doesn't seem at all cowed by her present
ordeal.

"We're not separating," says Al Saadawi, "and we'll not leave the
country."

Her husband, novelist Sherif Hetata, agrees: "If they say we're separated
and then we come home and live in our flat, what are they going to do?"

Recently in the media, journalists and citizens have called for her death.
But even these threats are not new to Saadawi. While her writings and
ideas have won her acclaim abroad, they have marginalized her in
traditional Egyptian society, led to her imprisonment by the regime, and
to the death threats from Islamic extremists.

"We are ready to die for what we believe," she says defiantly. "I'm not
afraid."

Does law protect or persecute?

Mr. Wahsh, the lawyer, is bringing the case to court under a part of the
Islamic law, called hisba, that allows citizens to file a court case on
behalf of the community to defend their religion.

"Nawal Al Saadawi is a respectable person, a writer and a thinker, and she
has her rights," says Wahsh, "but let her not touch religion. Talk how you
please. Write books as you please. But don't mess with religion."

For many Egyptians, this case conjures memories of the 1995 trial that
ordered Cairo University Professor Nasr Hamed Abu Zeid to divorce after
his writings were deemed against Islam. The couple are still married and
living in voluntary exile in Holland. To curtail the use of this law, a
1996 amendment to the law required Egypt's general prosecutor to approve
and prosecute all hisba cases.

Political analysts, intellectuals and human rights advocates, however,
want the law eliminated completely. They say it allows citizens to sully
the names of others, puts people's lives at risk, and could open the door
to rampant stifling of free speech.

"It means silencing anyone who has an opinion," says Hisham Qassem,
publisher of the English-language weekly, The Cairo Times. "There was no
argument. There was no debate. There was just some interview published
with Al-Saadawi in Al-Midan [newspaper], and before we know, it's going to
court."

Society growing more religious

Beyond concerns this case raises about free speech here, it also shows the
growing power of Egypt's Islamic fundamentalists and the growth of
religion in the society at large.

Ever since defeated Islamic extremists stopped their violent campaign to
overthrow the government in the late 1990s, moderates have been gaining
ground through the ballot box.

In last fall's parliamentary elections, moderates won 17 seats - more than
all the opposition members combined. Also, over the years Egyptian society
has become more religious: more people go to mosque, fast during the
Muslim holy month of Ramadan, and make the annual pilgrimage to Mecca.
These two currents embolden people like Wahsh to actively defend Islam as
he did.

As for the chance that the government would eliminate hisba cases to help
protect freedom of speech, analysts won't bet on it.

Just last month a state security court sentenced prominent sociologist and
democracy advocate Saad Eddin Ibrahim to seven years in prison for
allegedly defaming Egypt, illegally accepting foreign money, and
embezzling donated funds. Rights activists around the world were stunned
by the verdict and accused the court of violating international justice
standards.

"I don't think the government wants to take a clear position, to say they
will tolerate any ideas whatsoever," says human rights activist Gasser
Abdel Razek.

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