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August 19, 2015 Special Dispatch No. 6136

Senior Egyptian Clerics: Stiffen Penalties For Sexual Harassment

August 19, 2015
Egypt | Special Dispatch No. 6136

On August 2, 2015, the Egyptian daily Al-Ahram published an in-depth article by Hosni Kamal titled "Sexual Harassment - A Crime against Women and Society." The article presented comments by senior clerics on this topic, who stressed that sexual harassment constituted a severe religious and moral transgression that reflects a crisis of morality afflicting Egyptian youths. Some of them attributed the spread of the phenomenon in Egypt to the harsh economic and employment situation, lax education, and the growing number of unwed men and women in society. Alongside demands to stiffen penalties for sexual harassment, even to the point of levelling the death penalty, the clerics called on educational, religious, and cultural institutions to work together to eliminate the phenomenon.

The following are excerpts from the article and some of the illustration photos that accompanied it:[1]

"Sexual Harassment Has Become Ubiquitous In Parties, Events, Protests, And Gatherings"

Hosni Kamal starts by mentioning that sexual harassment has spread throughout Egypt despite being forbidden in Islam: "The divine mandate to lower the gaze appears in several Koranic verses, including [24:30]: 'Tell the believing men to lower their gaze and protect [the chastity of] their private parts. That is purer for them. Verily, Allah is aware of what they do'... [But] many youths ignore these noble Islamic values - that are intended to elevate Muslim society and [its] exalted goals and to distance people from any negative trait or despicable action - to the point that sexual harassment has become ubiquitous in parties, events, protests and gatherings in all provinces.

"Clerics demand to stiffen the penalty [for sexual harassment] and unite the efforts of all religious, educational, cultural, and media institutions to spread a set of moral values and proper standards."

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Shirt: "An Eye for an Eye"

Sign: "Protect me from humiliation by a harasser"

Looking At Pictures Of Naked Women Could Lead To Sin; Parents Today Pursue Money Instead Of Education

According to the article, Dr. Ahmed ÔÇÿOmar Hashem, a member of the Council of Senior Scholars, called to examine the reasons for the spread of the phenomenon and to stiffen the penalties for harassment, saying: ÔÇ£People might stumble [and commit] sexual harassment even without realizing it. Some men look at pictures of naked [women], even casually, or spread such pictures on the web. Looking at pictures of women arouses [sexual] desire and appetite, and could lead to sin. The Prophet forbade this... We must impose a deterring punishment upon anyone who photographs such [pictures], since [in doing so], he cared more about taking the picture than about stopping the criminal from carrying out the act, and is akin to someone who saw a robber and let him commit his crime while he stood by watching.

"This phenomenon is forbidden by all monotheistic religions, and rulers should examine the reasons for its recent disturbing spread, which points to a collapse of morals among this young age group. The spread of this phenomenon stems from a weakening of religious inhibitions among the youth and a loosening of faith and values [among them] recently. It also stems from the deteriorating economic situation, the lack of job opportunities, and the frustration that young people are feeling. This, alongside a collapse of the values of the family, which no longer looks after its sons, teaches them religious prohibitions or raises them properly, since the father and mother forgo proper education in their pursuit of money. Sexual harassment [sows] destruction and ruin in the land, since it arouses anxiety in society We must stiffen the penalties for those convicted of sexual harassment, especially since the recent increase in this crime indicates how dangerous it is."

Sexual Harassment Is A Crime Against Religion And Morality

Dr. Ja'far 'Abd Al-Salam, secretary-general of the League of Islamic Universities, was likewise quoted as saying that sexual harassment is a crime against morality and religion which stems from poverty and ignorance, as well as the increase in the proportion of unmarried individuals in society: "Sexual harassment, or any form of sexual violence, stems from the rise in unemployment, poverty and ignorance, and from political upheavals and lawlessness during protests or revolutions. Furthermore, a failure to marry may also be a factor in harassment, especially considering the rise in [the number of] unwed men and women among the younger generation. There is no doubt that harassment has increased substantially these days in comparison to the past, and that societies should devote great efforts to preventing this crime. This can only be done by uncovering the fundamental reasons for the appearance of this phenomenon for a person who knows his God can never commit such a crime, which is essentially a crime against religion, morality and sane behavior. There is no doubt that all societies should work together in an effort to prevent the moral bankruptcy embodied by sexual harassment."

Sexual Harassers Assume Impunity, Must Be Dealt With Harshly

Dr. Mukhtar Marzouq 'Abd Al-Rahim, dean of the faculty of Religious Fundamentals at Al-Azhar University in Asyut, was quoted as saying that sexual harassment is an extremely severe crime that should incur deterring punishment: "Sexual harassment is one of the worst things that society should speak out against, since, as we know, this act was condemned in Arab society even before the advent of the Prophet [Muhammad], and continued to be condemned after the advent of Islam. Arabs take a very harsh view of [sexual] harassment... and if this was true in the pre-Islamic and early Islamic era, then it is [certainly] our duty today to follow the Islamic tradition and educate our children according to it...  since as we know, the Koran states [24:31-32]: ''Tell the believing men to lower their gaze and protect [the chastity of] their private partsÔǪ And tell the believing women to lower their gaze and protect [the chastity of] their private parts, and not to show off their adornment except only that which is apparent.' This verse commands to lower one's gaze and preserve one's chastity, so it is [certainly] forbidden to go farther and [commit the graver transgression of] harassment by speech or touch. Furthermore, before a young man harasses a woman he should realize that she is like his sister, daughter or wife. As the Prophet Muhammad said to a person who wished to commit adultery: Would you want this to happen to your mother? The person responded: No. [Muhammad said:] Do you want this to happen to your female cousin? And so on and so forth, until the Prophet said: 'In that case, then people do not desire this.' This is a famous hadith and we say to any sexual harasser: 'Beware of Allah, because he will punish you through your family without you knowing.'


Sign: "The people demand that harassers' hands be cut off"

"As for the penalty decreed in Islam for harassers of women, there is no specific punishment outlined [in Islamic sources], but it is included in the category of reproach, which is very wide. Therefore, the judge, or the members of the people's assembly or parliament [who debate the matter], should set a deterring penalty for harassers of women... If the harasser knew he would face a trial and a heavy penalty for harassing any girl or woman, [he would avoid doing so], but currently it is clear to him that he can harass and do what he does with impunity."

Ahmed Hussein, deputy dean of the faculty of Islamic Da'wa at Al-Azhar, called to level the death penalty at sexual harassers: "Sexual harassment is a crime according to all standards; a disgraceful crime that is alien to the lofty [character] of the noble Egyptian people. These are no doubt acts carried out by solitary criminals to distort Egypt's image, to the point that a statistical [survey] ranks us #2 in sexual harassment... The Egyptian people should not settle for less than the maximum penalty - namely the death penalty - for anyone who commits this horrible act. Allah said of the adulterers [in Koran 24:2]: 'Do not be taken by pity for them... And let a group of the believers witness their punishment.' This, in order to deter anyone who thinks of carrying out a despicable act of this sort.

"The shari'a levels the death penalty at anyone who harms the honor of a married woman, and anyone who harms the honor of an unmarried woman is sentenced to lashings, torture and imprisonment. However, [even] if the crime committed is among those crimes for which the Koran does not set out a specific penalty [such as sexual harassment], the Islamic shari'a does not exempt its perpetrators from punishment, but rather applies the Islamic penalty called 'reproach,' which means that the judge or ruler has the authority to level a punishment, and he can set the harshest penalty if he believes that [public] interest requires it...

"This phenomenon harms Egypt's image and requires intervention and severe penalties in order to uproot it. We must not feel sorry for its perpetrators, since when a father is harsh with his children in order to teach them, he is not being cruel but rather strict. I call on everyone to act together to deal with this phenomenon... until we feel safe and secure."

 

 

Endnotes:

 

[1] Al-Ahram (Egypt), August 2, 2015.

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