Egyptians are awaiting the long-anticipated new Personal Status Law, widely known as the “Family Law”, amid concerns that it could introduce new restrictions and penalties that would place additional burdens on families and contribute to rising divorce rates and family breakdown in a country where, according to official figures, a divorce takes place every two minutes. 

The draft law, which comprises around 355 articles, has sparked extensive social, religious and political debate over marriage conditions, divorce procedures, alimony, child custody, visitation rights, the marital home and other contentious issues affecting family relationships.

The controversy escalated after Al-Azhar said the draft law had not yet been referred to it and that it had not taken part in drafting it.

The controversy escalated after Al-Azhar said the draft law had not yet been referred to it and that it had not taken part in drafting it.

In a statement, the institution said it had submitted its own proposal for a personal status law in April 2019, reflecting its Islamic legal perspective on the issue, and that it would issue its religious opinion once the draft was formally referred to it by parliament. 

Al-Azhar is the highest religious authority in Egypt and the wider Arab world. Its approval of legislation referred to it by parliament is widely seen as a constitutional safeguard to ensure compliance with Islamic law. 

Expanding Financial Gains

According to critics, the philosophy underpinning the new legislation is driven by an increasing focus on securing greater financial benefits for women, supported by vocal feminist and human rights advocates. These debates have unfolded against the backdrop of the tragic death of Egyptian blogger Basant Suleiman, who took her own life during a live broadcast from the balcony of her thirteenth-floor apartment in Alexandria last April. 

Before her death, Suleiman had publicly described a four-year ordeal in the family courts, moving between divorce and khula (a wife-initiated divorce under Islamic law) proceedings while also disputing with her former husband over custody, housing and child support for their two daughters. 

“I haven’t seen my children for five years,” said Mohamed Ragab, an employee who described his struggle with his ex-wife who prevents him from seeing his two children keeping track of their school progress while continuing to pursue legal claims against him and, he says, demanding money in exchange for access to them.

Under Egypt’s current personal status law, in force since 1920, a divorced father is entitled to see his children for........

© Middle East Monitor