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Middle East

Egypt’s mufti rejects Brotherhood leader’s death sentence

Shawky Allam, the Grand Mufti of Egypt. (The Daily Star/Dar-Alifta.org)

CAIRO: Egypt’s top religious authority has rejected a death sentence proposed for the leader of the outlawed Muslim Brotherhood and 13 associates for murder and violence, but was asked by a court Thursday to reconsider.

Mohammad Badie, the Brotherhood’s general guide, and the other defendants were sentenced on June 19, but Egyptian law requires capital sentences to be referred to Grand Mufti Shawqi Allam, Egypt’s highest Islamic legal official, for an opinion before any execution can take place.

The mufti’s reports are not normally made public, but one of the three judges in the case said the mufti had stated that “the investigations and evidence were not enough to carry out the death sentence.”

In a move unprecedented in Egyptian law history, the court asked the mufti to reconsider and adjourned the hearing, in which it was due to either uphold or strike down the original sentence, until Aug. 30.

“The mufti did not give a religious opinion but interfered in the court’s domain by evaluating the evidence of the case,” the judge said.

While many Egyptians have welcomed the army’s toppling of elected Islamist President Mohammad Morsi just over a year ago, there is growing unease at the scale and severity of a crackdown on the now-outlawed Muslim Brotherhood.

Several thousand Brotherhood leaders and members have been arrested, many on terrorism charges, since Morsi’s overthrow.

Proposed death sentences against more than a thousand of these have triggered outrage among Western governments and human rights groups, who have condemned the hurried way in which the courts have reached such serious verdicts. No execution has yet been carried out, and hundreds are awaiting the mufti’s opinion.

President Abdel-Fattah al-Sisi, who as army chief overthrew Morsi, said in the run-up to his election in May that the Brotherhood – Egypt’s oldest and best organized political group – was finished and would cease to exist under his rule.

Among the defendants in the Cairo case are senior Brotherhood members Mohammad al-Beltagi and Essam al-Erian, as well as former members of the Morsi government. Six of the accused are on the run.

The defendants are accused of killing nine people and incitement to kill that led to 21 other deaths in clashes that near the Istiqama Mosque on the outskirts of Cairo in July 2013, after Morsi was ousted.

Judge Mohammad Nagi Shehata, who is leading the proceedings, also presided over the controversial trial that saw three Al-Jazeera journalists jailed for seven to 10 years. But one of his assisting judges, Ihab al-Manufi, had already refused to sign the original death sentence issued in June, signaling that, even within the judiciary, there is disquiet over the trials.

 
A version of this article appeared in the print edition of The Daily Star on August 08, 2014, on page 10.

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Summary

Egypt's top religious authority has rejected a death sentence proposed for the leader of the outlawed Muslim Brotherhood and 13 associates for murder and violence, but was asked by a court Thursday to reconsider.

Mohammad Badie, the Brotherhood's general guide, and the other defendants were sentenced on June 19, but Egyptian law requires capital sentences to be referred to Grand Mufti Shawqi Allam, Egypt's highest Islamic legal official, for an opinion before any execution can take place.

In a move unprecedented in Egyptian law history, the court asked the mufti to reconsider and adjourned the hearing, in which it was due to either uphold or strike down the original sentence, until Aug. 30 .


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