Egypt’s Parliament passed a contentious bill on Sunday regulating the issuance of religious edicts (fatwas), adopting Al-Azhar’s amendments but rejecting a proposal by the Journalists Syndicate to scrap prison sentences.
The bill, submitted by the government, had sparked controversy over Article 8, which imposes penalties on those who issue fatwas outside approved institutions.
Article 8 stipulates up to six months in prison or fines ranging from EGP 50,000 to 100,000 (around $990 to $1,980) for individuals who issue fatwas without authorization, as well as for media outlets that publish unlicensed religious opinions.
MP Amira El-Adly of the Coordination’s Committee of Party’s Youth Leaders and Politicians proposed amending the article to remove custodial sentences, citing Article 71 of the constitution, which prohibits imprisonment for publishing offenses.
Her call echoed a similar appeal made by the head of the Journalists Syndicate Khaled Elbalshy in a press statement on Saturday. In his statement, Elbalshy warned of the article's unconstitutionality and said he had contacted Parliament Speaker Hanafy Gebaly to request a review of the provision.
El-Adly also questioned whether citizens with a following of more than 5,000 on social media would be treated as media entities and thus subjected to the same penalties. "If that’s the case," she said, "the law would apply to individuals, not just journalists or institutions."
In response, Minister of Parliamentary and Legal Affairs and Political Communication Mahmoud Fawzy defended the constitutionality of Article 8. He argued that the law aligns with Article 71 of the constitution by explicitly excluding journalistic and publishing crimes.
Instead, it targets instead fatwas that incite violence, discrimination, or defamation—areas where prison sentences are constitutionally permitted.
"This provision does not conflict with the constitution," Fawzy said, pointing out that Article 29 of the Media Regulation Law also bans jail time for publication offenses except in cases involving incitement or hate speech.
"This means the penalty in this article will not apply to publication or publicity crimes," Fawzy added. "The proposed penalties are proportional, and necessary to combat the chaos of unregulated fatwas, which can provoke dangerous societal reactions."
The parliament adopted all amendments proposed by Al-Azhar regarding the formation and regulation of fatwa committees within the Ministry of Religious Endowments. Under the revised Article 4, committees will now be composed of members from Al-Azhar, the Ministry, and Dar Al-Ifta, and must be headed by an Al-Azhar representative.
Al-Azhar's Council of Senior Scholars will also have the authority to certify fatwa training programs, and to define the criteria and duration of fatwa licenses. The Council may suspend licenses in case of violations.
Last Tuesday, the Religious Affairs Committee in the parliament approved the bill, prompting criticism from Al-Azhar, which objected to provisions allowing the Ministry of Religious Endowments to independently issue fatwas. Dar Al-Ifta then called for postponing the bill to allow further study.
