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Fatwas on television?
Published in Al-Ahram Weekly on 04 - 11 - 2010

Following concerns over their content, the government last week temporarily closed 16 satellite religious channels and warned a further 20, writes Andalib Fahmy
Questions have arisen over recent weeks about Egypt's satellite religious channels, with three events focussing particular concern about their objectivity and the amount of independence that they have been accorded.
The first event to raise concern about the content of the religious channels came in the form of a fatwa, or religious ruling, issued by Sheikh Mohamed Hassan, which allowed people to do as they see fit with antiquities or other items found on their property and to destroy statues or images in their possession or found on their land, since these could be considered haram, or forbidden, in Islam.
Following the controversy that this ruling gave rise to, a second event took place, raising further concerns about the conduct of the religious channels.
In an interview with the television channel Al-Jazeera, Hassan appeared to go back on his original ruling, saying that it did not take proper account of its possible effects. Antiquities are a legacy entrusted to humanity as a whole, Hassan said. That being so, they could not belong to individuals alone, and anyone finding antiquities on land he owned should deliver them to the state.
It was the third event, however, that really focussed public attention on the religious channels. Following concerns over such television rulings and other events, the General Investment Authority (GIA) ordered the temporary closure of 16 religious channels, including Al-Nass, Al-Hafez, El-Khaleejia, Safa, Ahl Al-Bayet, Live TV and Athar. The channels had failed to observe the professional code governing broadcasters, the GIA said, particularly by inciting sectarian hatred, and it warned a further 20 channels to follow their obligations.
Since 1998, many religious channels have been started on Arab satellite stations, giving new forms of access to religious preaching. Before the proliferation of such channels, religious content was confined to state-affiliated establishments or television channels, with TV shows often aired on state television and videocassettes circulating of Muslim imams and sheikhs giving sermons.
Today, this situation has changed almost beyond recognition, and dozens of private-sector religious broadcasters can now be found on Arab Sat, attracting millions of viewers from different backgrounds and socio-economic strata. Well-known channels include Iqraa, Al-Nass, Al-Hafez, Resala and Al-Rahma.
According to Sheikh Said Saad, senior imam at the Ministry of Waqf (religious endowments), all Muslims should take care of the antiquities of their country. "We should protect and take care of our antiquities and monuments," Saad said. "These are not idols that people worship instead of God. They are simply memories allowing us to remember the contributions made by the peoples of the past."
''Moreover, no one should say something and then deny that he said it. Sheikhs should check their fatwas carefully before delivering them to the public. The Prophet Mohamed, may peace be upon him, recommended people who give fatwas to ensure their credibility before giving them to the public, telling them that a fatwa is a paper signed by a mufti in the place of God and his Messenger. This metaphor emphasises the importance of ensuring the accuracy of each and every fatwa, since one wrong ruling can mislead the public."
Lawyer Saher Fassih also commented on Hassan's fatwa from the legal point of view, saying that Article 117 of the antiquities law of 1983 makes unauthorised excavations illegal, and specifically says that anyone destroying antiquities found during such excavations risks a sentence of between seven and 15 years in prison.
Despite the GIA's action in closing many religious channels, some observers are going further and demanding further regulation of the satellite channels.
According to Said Eyada, a television director, conservative religious channels spread ignorance among the people as a whole, a particular problem today when knowledge is more than ever needed.
Egyptian people love to discuss religious topics and to listen to them discussed on television, Eyada said, but many people are not fully aware of the real meaning of religion and they can be taken in by much of what they hear.
"The state should close any religious channel that spreads superstition, or it should monitor them more carefully to prevent a repetition of recent events," Eyada said. "We need to monitor the holder of the licence, and we need to be sure that there is a need and a genuine market for such channels before allowing them to broadcast."
Farag El-Kamel, dean of the Faculty of Mass Communication at the Al-Ahram Canadian University in Cairo, is against establishing a state regulatory system to monitor the channels, though he also disapproves of them.
Misleading fatwas presented on conservative religious channels can lead to social problems, El-Kamel said. "Other countries that preceded us in allowing satellite religious channels have found that they can cause social problems, because presenters on the channels make sometimes outrageous calls in order to attract more viewers. The recent call to burn copies of the Quran in the United States was launched on one such religious channel, for example."
"Opening the door to more TV muftis, or legal scholars, could stir up public opinion and increase extremism, which would have a dangerous effect on social peace and security," El-Kamel added. "When the state appoints a mufti, he has first to pass exams to evaluate his knowledge. TV muftis don't have to pass any exams before they start issuing fatwas on air, so their real credibility cannot be known, nor that of their fatwas."
El-Kamel argued that further regulation of the channels would be a step backwards, however, and could amount to censorship. But the channels should face the consequences if they do not follow the media code of ethics or media law, he said.
"NileSat should include an article in any contract with a satellite channel to the effect that that channel will refrain from issuing religious fatwas, except those that have been cleared by the mufti of the republic. Any channel offending against this regulation should be closed," El-Kamel said.
Gamal El-Shaer, a television presenter and the head of the Nile Cultural Channel, agreed, adding that society was passing through a transitional phase, from state control to greater freedom being accorded to civil society. As a result, society was vulnerable to false ideas that could be a source of instability.
"A Chinese sage once spoke of freedom by saying that when you open a window, flies can get in. We have to be on the lookout for any flies," El-Shaer explained.
"To eliminate violations, mandatory codes of ethics should be drawn up for media professionals and broadcasters. Syndicates should be encouraged to monitor media broadcasters, and the broadcasters themselves should follow the law prohibiting inciting sectarian feeling or moral violations."
"Viewers organisations should also be more active in following what appears on television, if necessary suing broadcasters if they violate the law or professional codes of conduct."
Commenting on the closing of the satellite religious channels, El-Shaer said that many of them had originally applied for general or cultural licences and then changed their content once on air.
"The proper place for a fatwa is the Dar Al-Fatwa and the jurisprudence associations. At the end of the day, we can't close a channel because of a mistake made by one of its presenters. However, we should sanction the offender."
"The closure of these channels will force all TV channels to review their policies. I hope this can take place within the framework of regulation and not repression," El-Shaer added.


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