Khaberni - The Court of Cassation in Egypt issued a judicial ruling that annuls a previous judgment by the Family Court to certify a marriage contract dated between two individuals of the Bahá'í faith.
The annulled ruling had compelled the Ministers of Interior and Justice to recognize this marriage and its legal implications.
The Court of Cassation, in its ruling, affirmed that the Bahá'í faith is not one of the three recognized Abrahamic religions in the country, and therefore it cannot be registered in official documents.
The court clarified that its ruling does not affect the freedom of belief guaranteed by the Egyptian Constitution, but it pertains to the public order of the state.
The annulled ruling dates back to a legal case filed by a woman in 2020 at the New Cairo Family Court against her husband based on a marriage contract dated 1981 that recorded their religion as Bahá'í, seeking recognition of the marriage; a favorable ruling was initially issued for her.
The Ministers of Interior and Justice and the head of the Civil Status Department, in their official capacities, appealed against this ruling, but the court declared the appeal void as it was submitted after the legal deadline.
Government officials resorted to the Court of Cassation with an appeal against the woman and her husband, and the public prosecutor submitted a memo expressing the opinion of rejecting the appeal.
Regarding the extent to which the ruling affects the freedom of creed guaranteed by the Egyptian Constitution, the Court of Cassation affirmed that freedom of creed means that an individual may adopt any core beliefs, provided that adopting such a creed does not interfere with the public order and stability of the state.
The court explained that the Bahá'í faith deviates from the Abrahamic religions, and practicing it involves undermining the established systems in the state, thus its registration is not permitted in civil status documents or any other official documents issued by any state authorities, which include data specific to religion.
