Fund, judge and documentation of oral divorce.. What do you know about the new personal status law in Egypt?

Cairo -

A deposit in a special fund, a prior decision from the judge, and fears of non-recognition of verbal divorce. Perhaps this trio is the most prominent of what was mentioned in the new Personal Status Law that the Egyptian authorities intend to present to Parliament soon, which sparked widespread controversy among Egyptians.

The Egyptian government affirms its keenness on the family entity and its support, and the importance of coming up with a consensual formula on the new draft law, but there is criticism about increasing the financial burdens on those about to get married, despite the existence of a fund in a government bank - under the name of the Family Insurance Fund - aimed at helping families after separation.

In addition, some expressed their concern about several declared articles, such as documenting the divorce that Al-Azhar previously rejected, and the obligation of the authorized person to obtain the approval of the judge before completing the marriage contract after reviewing the medical examinations of the spouses, which some saw as a kind of interference in the smallest details of citizens' affairs. Especially those related to the religious and social dimensions, while everyone is waiting for the start of the societal dialogue on the law.

On the one hand, an economist believes that there is a government keenness to devise financing formulas every once in a while - in an unsystematic manner - from the pockets of Egyptians, which ultimately harms the economy.

Meanwhile, two experts in family affairs point to the importance of considering society's priorities and respecting the Al-Azhar Al-Sharif institution, in light of the increasing economic and social pressures in the recent period.

Nasser Bank Social Fund

Yesterday, Monday, President Abdel Fattah El-Sisi directed - after a meeting with the committee to prepare the draft personal status law - to establish a fund for family care and an insurance policy to support it financially, in facing expenses and challenges related to personal status issues, while providing financing sources for it, in addition to its support from the state. He stressed the importance of the drafting of the new law being simplified and detailed.

In a speech during the inauguration of new projects, Al-Sisi called on young people to finance the fund with a sum of money before the engagement, provided that the government pays a similar amount to the proposed fund, which will then be used to support families, especially in cases of separation.

This comes at a time when Nasser Social Bank (governmental) has owned a similar fund, under the name "Family Insurance Fund" since 2004, according to Law 11 of 2004, aimed at helping families who were abandoned by their breadwinners without a supporter, in addition to implementing the rulings issued by deciding expenses, wages, etc. in her judgment.

New burdens and counterproductive results

In this context, Ibrahim Al-Taher, an economic researcher and journalist specializing in economic affairs, believes that the new fund will have adverse economic results, especially in light of the existence of another fund with almost the same name that deals with post-secession issues, and is affiliated with Nasser Social Bank.

In his interview with Al-Jazeera Net, Al-Taher indicates that these new financial burdens will lead to an increase in the costs of marriage in Egypt, in light of the increase in gold prices and the start of some people buying “shabbak” (ornaments provided to the bride) of silver, and it will also lead to an increase in spinsterhood rates or opportunities Illegal marriage and the consequent economic burdens as a result of the violation of the social fabric and the resulting disputes, which is evident in the cases handled in the family courts.

The economic researcher confirms that he finds no justification for the continuation of what he described as "the Egyptian government's search for financing formulas in a non-systematic manner from the pockets of citizens," explaining that the proposed fund has no economic justification other than obtaining new funding in a new form or a different tool, but unfortunately - And the talk of the researcher - with the negative impact on the social structure and its pillar, the family, which constitutes a blow to the social fabric and the economy that is based mainly on the stability of families.

However, there is a problem related to the Family Insurance Fund at Nasser Social Bank that faces lawyers and families when implementing a ruling from the Family Court, which is the maximum alimony.

In this context, lawyer Muhammad Mahmoud explains - to Al-Jazeera Net - that the maximum limit of the fund stops at only 500 pounds (the dollar = 24.72 pounds), which impedes the implementation of the rulings, indicating that he has alimony provisions for implementation ranging between two thousand and 4 thousand pounds, but no Anyone can implement it at Nasser Bank, due to the low ceiling, and therefore the bank’s ceiling must be raised, to activate the fund’s role.

For his part, a member of the House of Representatives, Representative Ahmed Ashour, believes that President Sisi’s directives to establish the new fund reveal that the president is constantly busy with the Egyptian family, especially the simple ones, and constantly follows up on the conditions of citizens, and his directives do not stop supporting the Egyptian citizen, to ease the burdens on his shoulders and restore Drawing a smile on faces, according to press statements.

Controversy haunts the articles of the law

The controversy was not limited - in recent hours - to the establishment of a new fund for family welfare, but rather extended to some of the materials that were revealed in media interviews or official statements.

And according to an official statement by the Presidency of the Republic, the committee preparing the draft law - headed by Judge Muhammad Abd al-Rahman - held 20 meetings in the past period, to draft an integrated and detailed law, with the abolition of the multiplicity of current laws in this framework, which amount to 6 laws, and ended with the preliminary drafting of No. 188 Article, and the first draft of the bill is being completed.

The draft law includes preserving the financial liability of each spouse, and the share of each of them in the joint wealth that was formed during the marriage, in addition to reformulating the marriage and divorce documents to ensure that they include what the two parties agreed upon in cases of marriage and divorce, in addition to documenting the divorce as is the case in Documenting the marriage, and not arranging any obligations on the wife except from the date of her knowledge of it.

The Egyptian Minister of Justice, Counselor Omar Marwan, confirmed - in televised statements two days ago - that there is no legal problem in approving the documentation of divorce in the new Personal Status Law, in response to a question about the continued adoption of oral divorce.

The minister stated that the entire draft law is expected to be completed within a month, after which it will be presented for community dialogue.

And the Council of Senior Scholars of Al-Azhar Al-Sharif, in February 2017, rejected a proposal by President Al-Sisi to approve the documentation of divorce as a condition for its occurrence, and approved the occurrence of an oral divorce that fulfilled its elements and conditions, stressing that this is what Muslims have settled on since the time of the Prophet Muhammad - may God bless him and grant him peace - and it did not happen No change in its position so far, according to what has been announced.

In a related context, a member of the International Union of Muslim Scholars and director of the Basma Academy for Marital Happiness, Mahmoud Al-Qalawi, believes that any passage of a legal issue in the proposed law without the express and declared approval of Al-Azhar Al-Sharif will abort the law.

And Al-Qalawi adds - in his speech to Al-Jazeera Net - that the Sheikh of Al-Azhar had previously declared the inadmissibility of annulment of oral divorce, and rejected the requirement to count only by documenting the divorce, in addition to the fact that the Council of Senior Scholars confirmed this, and only authorized the guardian to punish those who fail to document the divorce or manipulate it. It is the reinforcement that we only hope to see in the law, because the declaration is not clear and can be changed, as he put it.

The family counselor refused to charge the youth any money for the benefit of the new fund, stressing that it is very arbitrary and must be removed from the law, as well as respecting the opinion of the religious institution before any passing.

It must be corrected

For her part, the director of the "My Family" Center for Social Consultation, family counselor Manal Khader, expresses her fear that the articles announced in the new law constitute a "test balloon" before it is passed, especially since some of it constitutes a clear violation of the needs of Egyptians and their economic and social conditions, as well as From the opinion of their religious institution represented by Al-Azhar, which shakes the stability of society, according to her expression.

Manal Khadr explained - in her interview with Al-Jazeera Net - that since the discussions of the proposed law appeared publicly during the past two days, she had received questions from her audience full of anxiety and anger, expressing her disapproval of what she described as "the lawmakers' dealings with him as incompetent and a minor."

The family and social counselor asked: "How does the proposed project demand the components of Egyptian society - whether in Upper Egypt or Lower Egypt - to seek the judge's permission before a second marriage?" Preventing young people from getting married?

Manal Khader asserts that the Egyptian society - according to the consultations it receives - needs facilitation, spending all of its capacity, and preoccupation with educating society on the value of the family and its controls, and leaving legal matters to the Council of Senior Scholars in Al-Azhar Al-Sharif, without playing with words and putting together some beautiful materials to pass other materials. bad.

At least 4 Egyptian institutions had prepared a draft personal status law, namely Al-Azhar Al-Sharif, the National Council for Women, the Foundation for Women's Rights Issues, and political parties such as the Al-Nour Party and the Al-Amal Party, as well as several human rights institutions, while the Presidency of the Republic formed a committee to prepare the law.

Al-Azhar announced more than once that its prepared law differs from others in terms of wording and content, and that it deals with family issues in accordance with the interest of society, and is distinguished from others by taking into account the proposed laws that were submitted.