The Egyptian Center for Women’s Rights (ECWR) rejects the draft of the Personal Status Law in form and substance. In an initial reading of the draft Personal Status Law that was published yesterday on February 23, and indicated that it was issued by the Cabinet , we find that it is shocking and does not suit the current progressive times, as it is based on the most regressive and strict jurisprudential ideas.
The legal personality of women is thus abolished and viewed as incapacitated persons. Moreover, any right for mothers to have a say in the lives of their young children is eliminated, and she is therefore considered as “a machine for birthing children” only.
Nehad Abolkmsan, ECWR Chairwoman, declared that the proposed draft contains many gaps, including:
- The lack of recognition of the legal capacity of women, as she cannot contract her own marriage regardless of her scientific or even political position, which makes ‘a female minister’ able to sign agreements worth hundreds of billions in the name of the state, but she needs a guardianship from ‘a male’, even if he is younger than her, to contract her marriage.
- Failure to recognize the right of ‘women’ to choose a spouse, and upholds the ability of any ‘male’ in the family to annul her marriage contract based on what he deems to be “unequal”
- Complete reliance on the doctrine of Abu Hanifa as the only reference without the rest of the doctrines or principles of Sharia, which leads to the ability of any ‘male’ in the family to prevent ‘women’ from traveling regardless of their position or travel requirements.
- The father’s arrangement in child custody was changed to take precedence over the mother and grandmothers. The mother was not mentioned at all in the guardianship over the children, making the mother a “machine for birthing children without any legal relationship with them” and based on that:
- She cannot register the birth of her child.
- She cannot supervise his money or even know his financial situation and protect the interests of the child.
- She is unable to decide whether to have surgery.
- She cannot obtain a passport for her son, an identity card, or support her child in any legal dealings as a mother.
- She cannot choose the type of education or academic intervention except in the event of a disagreement with the father and the issuance of a court order in the educational state.
- The mother who has custody of the child cannot travel without the permission of the father, but he did not restrict the travel of the father with the child, which opens the door to kidnapping children outside the country.
- It regulated the “right” of the father to host the children in case of disagreement, with the stipulation of imprisonment if they do not return the child to the mother. However, it did not provide for any implementation mechanisms that guarantee the child’s psychological and physical safety or protect him from abuse.
- The law did not contribute to presenting any procedural and organizational vision that contributes to resolving the issues in courts, that make family claims, one of the most dangerous of which is alimony, which continues for years, and puts children in a state of hunger and destitution.
- The burden of proof of the husband’s income continues to be placed on the wife without presenting any modern vision, which makes the suffering of mothers and children in the search for proof never-ending.
- The law did not contribute to providing an effective solution to guaranteeing housing for the children in the event of a dispute, to protect them from staying on the street if they are expelled from the marital home.
- The jurisdiction of criminal courts with respect to marital movables has been canceled, which deprives women of any pressure to receive their movables, so that they become in the event of a dispute without housing or furniture.
- The law did not provide any insights in line with the changes of the times and the development of the roles of women, who has become the households of nearly a third of Egyptian families, and contribute to spending significantly in most families.
- The law did not address the regulation of divorce, or that it should be brought before a judge to settle the issues arising from it.
- It did not address the organization of polygamy, which destroys entire families.
- The use of language that emphasizes family affection, compassion and partnership in decision-making, is not taken into consideration as a reflection of the reality of women in which they share responsibility even in expenses.
In conclusion, the law is shocking and frustrating. While the Kingdom of Saudi Arabia proposes a draft law based on enlightened visions that truly contribute to fairness, Egypt is presenting a draft law based on the most stringent visions and does not deal with a reality in which women contribute financially and humanely in establishing the marriage nor do they no longer have the luxury of not participating in expenditures.
It is worth noting that Imam Muhammad Abdu presented at the beginning of the last century -1920 – a draft personal status law that was based on multiple readings and religious interpretations, in line with the times, respecting women as full citizens and making the regulation of divorce and polygamy before the judiciary until the issues were resolved.
After a full century of time, we reintroduce a regressive conservative law that does not correspond to any roles that women play or with the requirements of reality. It contributes to more injustice and complexity in family life in Egypt.
