Women’s leaders criticized the Egyptian government for not disclosing any details so far regarding the anticipated Personal Status Law project.
On April 13, President Abdel Fattah al-Sisi called on all stakeholders to submit proposals regarding the draft law. This was not the first such call; several similar calls had preceded it, including one in 2022 to form a committee within the Ministry of Justice comprised of 10 Egyptian judges, including two women, to develop a framework for the law.
The Egyptian president set a period of four full months for the committee to work, during which it received approximately 4,733 proposals, including 2,595 proposals from men, 2,128 proposals from women, 10 from bodies and institutions, and one proposal from a political party. In addition, the National Council issued a document entitled “Legislative Determinants and Requirements for Amendments to Personal Status Laws (Family Laws),” which presented the law’s determinants, including elements ranging from general to procedural and substantive determinants.
At a roundtable organized by the New Woman Foundation, titled “Personal Status Law: Where To?”, feminists criticized the lack of transparency surrounding the draft law's provisions and its drafting stages. The New Woman Foundation describes itself as a feminist advocacy organization that supports women's rights in Egypt through public policy development and the provision of support services.
Youssef: The Personal Status Law currently in force and issued in 1920 “has completely expired and is no longer able to keep pace with the developments of the times.”
The head of the foundation's board of trustees, lawyer Maha Youssef, stated that the Personal Status Law currently in force, issued in 1920, "is completely outdated and no longer capable of keeping pace with modern developments." She explained that "this law was issued at the time based on the philosophy of 'confinement in exchange for maintenance,' meaning that the man would provide for the woman in return for domestic service and obedience." She emphasized that the practical reality is different now, with millions of women supporting their families.
She pointed out that the multiplicity of laws supplementing the Personal Status Law and related to alimony, khula and divorce has made it difficult for the non-specialist citizen to be familiar with the provisions of the law, criticizing the lack of transparency about the new project, whose leaks in the media have turned into something like “trial balloons” about the controls of khula and the age of custody without a real project for discussion.
She explained that the committee formed by the Ministry of Justice in June 2022, based on presidential directives, was supposed to complete its work in four months, but years have passed and it has received more than 4,000 proposals, without the community knowing which proposal it relied on to present to Parliament.
She demanded that the draft law be made available to everyone for a period of no less than 7 months for discussion, and that its philosophy be based on the principle of equal legal capacity for men and women, in accordance with the core articles of the 2014 constitution, instead of stipulating that the wealth acquired during marriage be divided equally upon divorce to address the expenses crisis.
The participants in the symposium stressed the need not to give up previous gains such as the right to divorce or the age of custody at 15 years, while rejecting any calls to reduce these rights or link custody to the wife’s obedience, considering such calls to be “steps backwards” that contradict the principle of dialogue.
Lawyer and Chairperson of the Board of Trustees of the Cairo Development Foundation, Intisar El-Saeed, proposed the creation of a digital system to prove the husband's income in order to determine the minimum alimony amount.
Lawyer and Chairperson of the Board of Trustees of the “Cairo Foundation for Development”, Intisar Al-Saeed, proposed the establishment of a digital system to prove the husband’s income to determine the minimum alimony, and to regulate marriage and divorce under judicial supervision, in a way that ensures that divorce by unilateral will is not recognized, while enabling the custodian to have educational guardianship.
She insisted on maintaining the current custody system as is, while emphasizing the need to develop it in accordance with the child's best interests after the custody period ends. This development should include visitation and custody arrangements that guarantee genuine and safe communication with the child. Regarding polygamy, she stressed the necessity of regulating it with strict legal controls, noting that when polygamy is proven as grounds for divorce due to harm, women are met with mockery and ridicule for the emotional distress caused by this second marriage. Feminist activist and member of the "Insaf" initiative, Aya Abdel Hamid, held the state responsible for disputes related to custody and alimony, stating that the state constantly shifts this burden onto individuals and citizens, leaving the conflict unresolved within the courts. This necessitates official institutional intervention to ensure the protection and stability of children.
She pointed out that the economic crises that both parties may face after separation make it difficult to hold either of them fully responsible, asking: “Sometimes the two parties do not have money?” She called for institutional intervention to ensure the protection of children and provide budgets that support the alimony system by reducing the cost of litigation and consolidating cases.
Meanwhile, Fatima Khafagy, coordinator of the Arab Network for Feminist Civil Society, called on women's organizations to unify their efforts around a single proposal to ensure their vision is clearly conveyed and to form a powerful advocacy group. The Justice Party announced that it had officially submitted a comprehensive draft personal status law, aiming to provide a holistic solution to one of the most sensitive and impactful social issues affecting family stability. MP Fatima Adel confirmed that the draft was the result of cumulative work involving specialists and experts, as well as community discussion sessions. She explained that the primary goal is to produce a legal text that addresses existing problems fundamentally, rather than settling for partial solutions.
She pointed out that the project prioritizes the child's best interests, striving to achieve a fair balance between the rights and obligations of both parents. This ensures the stability of family relationships after separation and reduces protracted conflicts. She explained that the proposed law addresses various aspects of personal status, including custody arrangements and visitation rights, offering more flexible provisions that allow the child to maintain a normal relationship with both parents within a well-defined legal framework that prevents abuse. She added that the party was keen to draw on international expertise in this area, adapting it to the nature of Egyptian society to ensure a balance between modernity and social values.
She also noted that the draft law includes solutions for special cases, such as the loss of a parent, ensuring stable and uncomplicated care without undue legal complications. She emphasized that presenting the draft law is not the end of the discussion, but rather the beginning of an open legislative process aimed at reaching a consensus through continued dialogue with various stakeholders both inside and outside Parliament. She concluded by stressing that developing the Personal Status Law requires a comprehensive vision that reorganizes this issue in a way that achieves justice and strengthens societal stability.
Egypt had placed those convicted with final and enforceable criminal judgments for failing to pay court-ordered expenses on the lists of those banned from travel and subject to arrival monitoring.The suicide of a content creator following disputes with her ex-husband over child support has brought the issue of amending the Family and Personal Status Law back to the forefront.
Last March, the Ministry of Justice issued a decision to suspend several government services for those convicted, particularly in cases related to alimony for women and children, until they settle their outstanding financial obligations. The suicide of a content creator in Alexandria, northern Egypt, on April 12th, following a dispute with her ex-husband over child support payments, has brought the issue of amending Egypt's Family and Personal Status Law back into the spotlight.
Egypt's Personal Status Law is one of the most sensitive and controversial social issues, and the debate surrounding it has intensified in recent months. While fathers are accused of exploiting their children financially and preventing them from seeing their parents, custodial mothers accuse many of their ex-husbands of failing to provide for their children, resorting to deception to avoid proving their income in court, and evading court-ordered child support payments.
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