EGYPT1 OVERVIEW of MUSLIM FAMILY LAWS & PRACTICES (Updated As at 31 May 2017)

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EGYPT1 OVERVIEW OF MUSLIM FAMILY LAWS & PRACTICES (Updated as at 31 May 2017)

Description Family Law Matter Legislative Framework Case Law Policy Procedure Practice Equality of spouses in marriage Article 53 of the Constitution Family Courts were Egypt has According to the states that all citizens are equal established in 2004 reservations to 2016 UNDP Human Is there a Constitutional provision before the law and prohibits to streamline the Articles 2, 16 and Development on equality and are there excep- discrimination on the several hearing of family 29(2) of CEDAW.24 Report, Egypt tions? Are there specific laws that basis including sex.2 disputes with the ranked 111 on the recognise marriage as a partner- aim of incorporating The Government of UNDP Human ship of equals i.e. are family laws Article 9 of the Constitution pro- court mediation into Egypt expressed its Development Index and/or other laws relating to mar- vides for equal opportunity for all the legal system to willingness to and 135 on the riage and family relations codified Egyptians.3 speed up the comply with Article 2 UNDP Gender or uncodified? If codified, what adjudication of such of CEDAW Inequality Index.28 are the titles of all the applicable Article 10 of the Constitution cases as well as “provided that such laws? If codified, do these laws states that the family is the basis reducing the burden compliance does not According to Egypt’s apply to all citizens irrespective of of society and is founded on of the judicial counter to Islamic 2014 Demographic religion? If not, do these laws ap- religion, morality, and patriotism.4 system generally.20 Shari’ah”. and Health Survey, ply to all Muslims or are there dif- about 13% of ferent codified laws for different Article 11 of the Constitution When deciding on In addition, the households in Egypt sects within Islam? If uncodified, commits the State to:5 personal status Egyptian are headed by

1 This Musawah project to map Muslim Family Laws globally was led by Zainah Anwar and coordinated by Lead Researcher Sharmila Sharma, with substantive support from Salma Waheedi and students at the International Human Rights Clinic, Harvard Law School. For this Egypt country table, we would also like to thank Mulki Al Sharmani, Center For Egyptian Women's Legal Assistance (CEWLA) and Mida Zantout for their inputs in its preparation. 2 Article 53 of Egypt’s Constitution (2014), https://www.constituteproject.org/constitution/Egypt_2014.pdf 3 Article 9 of Egypt’s Constitution (2014), https://www.constituteproject.org/constitution/Egypt_2014.pdf 4 Article 10 of Egypt’s Constitution (2014), https://www.constituteproject.org/constitution/Egypt_2014.pdf 5 Article 11 of Egypt’s Constitution (2014), https://www.constituteproject.org/constitution/Egypt_2014.pdf 20 Law No. 10/2004, http://www.reunite.org/edit/files/Islamic%20Resource/Law%20No.10.pdf; Nathalie Bernard-Maugiron, “Personal Status Laws in Egypt: FAQ”, (Promotion of Women’s Rights GTZ, Egypt, 2010), p. 15, http://www.gender-in-german- development.net/custom/images/contentBilderGalerie/bilderGalerie1000507/GTZ-BMZ-NWRO-IRD-Personal-status-laws-in-egypt-2010-EN.pdf 24 United Nations Treaty Collection Website, https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-8&chapter=4&clang=_en 28 UNDP, “Human Development Report 2016”, Table 5, pp. 214-217, http://hdr.undp.org/sites/default/files/2016_human_development_report.pdf

or if codified laws do not suffi- matters, judges government women.29 ciently address a particular issue, • Achieve equality between draw on a number of explained its how is the issue addressed e.g. women and men in all civil, sources to justify reservations to The piecemeal what Muslim school of law is ap- political, economic, social and their ruling. These Article 16 of codification of plicable? Do these laws explicitly cultural rights; and include the relevant CEDAW as follows: Egyptian personal state gender-stereotypical roles personal status laws The reservation on status laws makes it between husbands and wives e.g. • Ensure women empowerment and their Article 16 was made more difficult for lay the husband is the head of the to reconcile the duties of a accompanying “out of respect for persons to fully household or the wife is the pri- woman toward her family and explanatory the sacrosanct understand their mary caregiver? her work requirements. memorandums (if nature of [Shari’ah] marital and familial any), court which govern marital rights. However, Applicable CEDAW Provision Laws that govern matters relating precedence, relations in Egypt”. history shows that Article 16(1)(c) to marriage and family relations of religious sources An important basis amending personal Paras. 17-18 GR21 the majority Muslim population in and customary of marital relations status laws in Egypt 21 Paras. 54-55 GR29 Egypt are not codified in one norms. in Egypt “is an has proven to be comprehensive and exhaustive equivalency of rights challenging even piece of legislation. Instead, they Frequently, where and duties so as to under “reformist” are partially codified in a series of codified law is silent ensure regimes because of laws and include:6 on a personal status complementarity resistance by matter, “[j]udges which guarantees conservative Muslim • Law No. 25/1920 on simply refer to the true equality groups. With the maintenance and other Qadrī Pasha between the current re- personal status issues;7 unofficial spouses”. As a Islamisation of 22 codification." consequence of this Egyptian society, it • Decree Law No. 25/1929 on complementary is arguably more divorce and other personal The Supreme relationship, difficult today to re- status issues as amended by Constitutional Court Shari’ah firstly, “lays examine all personal Law No. 100/1985 on personal (SCC) has generally down that the status laws and balances the views husband shall pay codify them into a status and Law No. 4/2005 on 30 child custody;8 of feminist and bridal money to the unified code. conservative Muslim wife and maintain groups by adopting her fully and shall According to civil

6 Nathalie Bernard-Maugiron, “Personal Status Laws in Egypt: FAQ”, (Promotion of Women’s Rights GTZ, Egypt, 2010), p. 5, http://www.gender-in-german- development.net/custom/images/contentBilderGalerie/bilderGalerie1000507/GTZ-BMZ-NWRO-IRD-Personal-status-laws-in-egypt-2010-EN.pdf 7 Law No. 25/1920, http://www.mohamoon.com/montada/Default.aspx?action=ArabicLaw&ID=11 8 Decree Law No. 25/1929, http://www.mohamoon.com/montada/Default.aspx?action=ArabicLaw&ID=11

• Law No. 77/1943 on a centrist position also make a society reports and inheritance;9 when deciding on payment to her upon academic research, matters of personal divorce, whereas in practice, the 23 • Law No. 71/1946 on status. the wife retains full effectiveness of testamentary bequests; rights over her family courts in property and is not Egypt is impeded by Law No. 12/1996 on Child obliged to spend several factors • 31 Law;10 anything in her including: keep” and secondly, • Law No. 1/2000 on the “restricts the wife's • The apparent reorganisation of certain terms right to divorce by conservatism of and procedures of litigation in making it contingent male judges, who matters of personal status;11 on a judge's ruling, form the majority whereas no such of judges. • Law No. 10/2004 on the restriction is laid However, as down in the case of court reports on establishment of family 25 courts;12 and the husband.” cases relating to personal status The Government of • Law No. 11/2004 on the matters are establishment of the Family Egypt in its 2008 unpublished, the Insurance Fund. report to the merit of this CEDAW Committee assertion cannot Article 2 of the Constitution asserted that the be confirmed; provides that the principles of implementation of

21 Monika Lindbekk, “Inscribing Islamic Shari’a in Egyptian Divorce Law”, (Oslo Law Review, Issue 2, 2016), pp. 111, 115, https://journals.uio.no/index.php/oslawreview/article/view/4081/3561 22 Nathalie Bernard-Maugiron and Baudouin Dupret, “From Jihan to Susanne: Twenty Years of Personal Status Law in Egypt”, (Recht van de Islam, 19, 2002), p. 3, http://www.verenigingrimo.nl/wp/wp-content/uploads/recht19_dupret.pdf 29 Egyptian Ministry of Health and Population, El-Zanaty and Associates and the DHS Program, “Egypt Demographic and Health Survey 2014”, Table 2.8, p. 23, https://dhsprogram.com/pubs/pdf/FR302/FR302.pdf 30 Nathalie Bernard-Maugiron, “Personal Status Laws in Egypt: FAQ”, (Promotion of Women’s Rights GTZ, Egypt, 2010), p. 5, http://www.gender-in-german- development.net/custom/images/contentBilderGalerie/bilderGalerie1000507/GTZ-BMZ-NWRO-IRD-Personal-status-laws-in-egypt-2010-EN.pdf 9 Law No. 77/1943, https://goo.gl/YRHSNh 10 Child Law (1996), https://www.unodc.org/res/cld/document/egy/2002/egypt_child_act_english_html/Egypt_Child_Act_English.pdf 11 Law No. 1/2000, pdf.20%واجراءات20%اوضاع20%بعض20%تنظيم20%قانون20%باصدار20%202000%لسنه20%201%رقم20%قانون/https://www.egypt.gov.eg/arabic/laws/download 12 Law No. 10/2004, http://www.reunite.org/edit/files/Islamic%20Resource/Law%20No.10.pdf

Shari’ah are the main source of equality “in the way • The lack of law in Egypt.13 According to stated in several specialised family Article 3 of the law promulgating paragraphs of court judges, thus the Law No. 1/2000, in the Article16 [or impacting on the absence of codified laws that CEDAW] would quality of the sufficiently address a particular diminish the rights adjudication matter of personal status of women currently process; Muslims, generally, the rules of enjoy.” The Egyptian Hanafi jurisprudence (fiqh) government • The large work- 14 apply. illustrated this point load and huge by stating the case backlog of 26 Despite constitutional guarantees following: judges that have on equality, Egypt’s codified and led to delays in uncodified laws on Muslim • Under Islamic the disposal of personal status matters provide and Egyptian law, cases coupled for a marital framework based on the man is with the lack of ‘reciprocal’ or ‘complementary’ required to physical infra- rights (as opposed to ‘equal’ provide his fiancé structure such as rights) between the two spouses, with a dower and inadequate build- whereby in return for maintenance gift of gold ings housing fam- and protection from her husband, (engagement ily courts, which a wife is expected to obey him.15

23 Maha Muhammad Assad, “The Divinity of Personal Status Law in Egypt”, 2016, p. 20, http://dar.aucegypt.edu/bitstream/handle/10526/4795/The%20Divinity%20Of%20Personal%20Status%20Law%20In%20Egypt.pdf?sequence=3; Pascale Fournier et al, “En-gender-ing Legal Reforms: Islamic Law in Africa and East Asia”, (Amsterdam Law Forum, 3:2, 2011), p. 117, http://amsterdamlawforum.org/article/viewFile/213/405 25 United Nations Treaty Collection Website, https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-8&chapter=4&clang=_en 31 Information obtained from Egyptian advocates, February and April 2017; Monika Lindbekk, “Inscribing Islamic Shari’a in Egyptian Divorce Law”, (Oslo Law Review, Is- sue 2, 2016), pp. 108, 110-111, https://journals.uio.no/index.php/oslawreview/article/view/4081/3561; Alliance for Arab Women, “Shadow NGO Report on Egypt”, Submission to the CEDAW Committee for the 55th Session, 2009, p. 17, http://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/EGY/INT_CEDAWA_NGO_EGY_45_8670_E.pdf; Nathalie Bernard-Maugiron and Baudouin Dupret, “Breaking Up the Family: Divorce in Egyptian Law and Practice”, (Hawwa, 6:1, 2008), pp. 10-14, https://halshs.archives-ouvertes.fr/halshs-00339503/document; Mulki Al-Sharmani, “Recent Reforms in Personal Status Laws and Women’s Empowerment: Family Courts in Egypt”, 2008, p. 57, https://goo.gl/bp4MnO 13 Article 2 of Egypt’s Constitution (2014), https://www.constituteproject.org/constitution/Egypt_2014.pdf 14 Article 3 of the law promulgating Law No. 1/2000, pdf; Nathalie.20%واجراءات20%اوضاع20%بعض20%تنظيم20%قانون20%باصدار20%202000%لسنه20%201%رقم20%قانون/https://www.egypt.gov.eg/arabic/laws/download Bernard-Maugiron and Baudouin Dupret, “From Jihan to Susanne: Twenty Years of Personal Status Law in Egypt”, (Recht van de Islam, 19, 2002), p. 3, http://www.verenigingrimo.nl/wp/wp-content/uploads/recht19_dupret.pdf 15 Maha Muhammad Assad, “The Divinity of Personal Status Law in Egypt”, 2016, p. 23,

Thus: present) upon has led to their contracting the comparison to • Pursuant to Article 1 of Law marriage. The “train stations No. 25/1920, a wife is entitled woman is not rather than to financial maintenance from required to do so. institutions her husband regardless of her carrying out the wealth or religion. Article 1 al- • The man is also work of abstract so provides that a wife risks required to justice”; losing her financial mainte- provide for a nance if she: (i) refrains from marital home as a • A number of the giving herself to her husband place of challenges faced voluntarily without rightful rea- residence. The by the Egyptian son; (ii) leaves the marital woman is not family courts may home without her husband’s required to do so. be traced to the permission; or (iii) goes out to fact that the work without her husband’s • Under Islamic family courts consent;16 and Egyptian law, system was a husband must introduced in • Pursuant to Article 11Bis-1 of financially 2004 without Law No. 25/1929, if a wife maintain his wife adequate training refrains from obeying her throughout the for court husband unjustifiably and marriage. The personnel and without any right, her financial wife is not without adequate maintenance will be required to do so, resources. discontinued from the date of even if she works disobedience.17 and has an According to income. information on the Marriage and family relations of ground, court Egypt’s non-Muslim minority • In a divorce, the mediation, which is communities (e.g. Egyptian man must pay the now part of the legal Christians and Jews) are woman a process, often does governed by principles of their deferred dower not work well as an

http://dar.aucegypt.edu/bitstream/handle/10526/4795/The%20Divinity%20Of%20Personal%20Status%20Law%20In%20Egypt.pdf?sequence=3 26 Egypt State party report, U.N. Doc. CEDAW/C/EGY/ (2008), pp. 74-75, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 16 Article 1 of Law No. 25/1920, http://www.mohamoon.com/montada/Default.aspx?action=ArabicLaw&ID=11 17 Article 11Bis-1 of Law No. 25/1929, http://www.mohamoon.com/montada/Default.aspx?action=ArabicLaw&ID=11

respective relations as per Article and financial alternative 3 of the Constitution.18 This is maintenance of mechanism for reiterated in Article 3 of the law up to a year dispute resolution in promulgating Law No. 1/2000.19 depending on the the pre-litigation duration of the process because of marriage. There weak enforcement is no mechanisms, and corresponding also in some cases it requirement for re-produces the woman. gendered ideas about inequality of The Government of women and men Egypt then which are present in emphasised that it the substantive has no intention of laws.32 withdrawing Egypt's reservations to Article 16 of CEDAW “as doing so would diminish the rights of women under Islamic law and Egyptian law, which provide rights for woman and relieve women of responsibilities which men alone are required to bear.”27

18 Article 3 of Egypt’s Constitution (2014), https://www.constituteproject.org/constitution/Egypt_2014.pdf 19 Article 3 of the law promulgating Law No. 1/2000, pdf; Nathalie.20%واجراءات20%اوضاع20%بعض20%تنظيم20%قانون20%باصدار20%202000%لسنه20%201%رقم20%قانون/https://www.egypt.gov.eg/arabic/laws/download Bernard-Maugiron, “Personal Status Laws in Egypt: FAQ”, (Promotion of Women’s Rights GTZ, Egypt, 2010), p. 25, http://www.gender-in-german- development.net/custom/images/contentBilderGalerie/bilderGalerie1000507/GTZ-BMZ-NWRO-IRD-Personal-status-laws-in-egypt-2010-EN.pdf 27 Egypt State party report, U.N. Doc. CEDAW/C/EGY/ (2008), p. 76, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 32 Information obtained from Egyptian advocate, April 2017

Minimum and equal legal age The minimum legal age for mar- The Egyptian Minimum age According to for marriage riage is 18 for females and males government has verification is UNICEF’s 2016 based on Article 31Bis of the Civil developed a conducted through State of the World’s Is there a minimum age of mar- Status Law.33 national strategy to the submission of a Children Report, riage? Are there exceptions to the prevent child birth certificate and 17% of women aged minimum age (e.g. min. age at 18, Article 31Bis prohibits the marriage. It seeks to a doctor-issued 20-24 were first with exceptions to 16)? Is there registration of a marriage of reduce prevalence certificate known as married by 18 and an absolute minimum age without females or males below 18 and of early marriages the “age-track 2% by 15.37 exceptions? Is there equality in makes it mandatory for those by 50% over a five certificate” prior to the minimum age of marriage? wishing to get married to undergo year period.35 the registration of According to UN Does the minimum age of mar- a medical examination to ensure the marriage.36 World Marriage Da- riage match the age of majority? that they are free from diseases ta 2015, the average Is there a minimum age verifica- that may affect their lives or the of first marriage tion process before the marriage health of either one of them or among Egyptian is concluded? offspring. Registration of females fell from marriages contrary to Article 22.7 in 2008 to 22.0 Applicable CEDAW Provision 31Bis may be punished. in 2014 and among Article 16(2) males, from 27.7 to Paras. 36-39 GR21 The minimum legal age for 27.5 during the marriage is below the legal age of same period.38 civil majority. Under Article 44 of the Civil Code, the legal age of According to Girls civil majority is 21 for both fe- Not Bride and males and males.34 information on the ground, child marriages in Egypt are closely linked to economic hardships

33 Article 31Bis of the Civil Status Law (1994), https://www.unodc.org/res/cld/document/egy/2002/egypt_child_act_english_html/Egypt_Child_Act_English.pdf 34 Article 44 of the Civil Code (1948), http://www.wipo.int/wipolex/en/text.jsp?file_id=205494. According to a media report, the Egyptian cabinet has approved a suggested amendment to the law to lower the age of civil majority from 21 to 18, http://english.ahram.org.eg/NewsContent/1/64/120441/Egypt/Politics-/Egyptian-cabinet-approves- amendment-to-lower-age-o.aspx. However, as of to date, Article 44 of the Civil Code has not been amended. 35 National Population Council, “Strategic Plan for the Reduction of Early Marriages (2015-2020)”, https://goo.gl/zioiPH; Girls Not Brides, “Egypt”, Child marriages around the world, http://www.girlsnotbrides.org/child-marriage/egypt/ 36 Information obtained from the Egyptian advocate, February 2017. 37 UNICEF, “The State of the World’s Children 2016”, Table 9, pp. 150-153, https://www.unicef.org/publications/files/UNICEF_SOWC_2016.pdf 38 United Nations Population Division, “World Marriage Data 2015”, https://esa.un.org/ffps/Index.html#/maritalStatusData

such as poverty and “deeply rooted” cultural norms, including: (i) the persistence of patriarchal norms around women’s sexuality; and (ii) community norms that dictate that as girls reach adolescence, they should be married.39

According to civil society and media reports, a draft legislation allowing for the lowering of the minimum legal age for marriage from 18 to 13 has been drawn up, with conservative Muslim clerics indicating that marriage at the age of nine for girls is acceptable. However, due to the mobilisation of the National Council of Women and others, the proposal did not advance.40

39 Information obtained from Egyptian advocate, April 2017; Girls Not Brides, “Egypt”, Child marriages around the world, http://www.girlsnotbrides.org/child-marriage/egypt/ 40 Girls Not Brides, “Egypt”, Child marriages around the world, http://www.girlsnotbrides.org/child-marriage/egypt/; Equality Now, “Egypt: Stop the lowering of the minimum

Women’s consent to marriage A prospective bride who has The Government of The presence of two Various sources reached the age of civil majority Egypt in its 2000 male witnesses (or suggest that forced Is a marriage valid without the must consent to her marriage. report to the one male and two marriages among woman’s consent? Is the practice Consequently, ijbar marriages are CEDAW Committee females) is required young Egyptian girls of forcing women to marry against prohibited among females over asserted that, “In to testify that the is a serious concern: their will (ijbar) prohibited? Is 18.41 Egypt, marriage is a marriage was there a standard marriage con- contract by mutual consented to • According to the tract? If so, what are its broad Egyptian codified law is silent on consent, and by law between the US Department provisions and is there anything the requirement for consent of a it must be concluded husband and the of State 2016 particular in the contract that female to her marriage. by the free, mutual wife.47 Trafficking in ought to be highlighted on the Consequently, the rules of Hanafi consent of both Persons report, basis that it advances women’s fiqh apply, whereby, an adult parties.”45 There is a “Individuals from rights or otherwise? Is it mandato- woman who has attained the age standardised the Persian Gulf, ry to register a marriage? of majority may contract her own The Egyptian marriage contract. A including Saudi marriage, and must consent to the government in its new standard Arabia, United Applicable CEDAW Provision marriage whereas a minor girl 2008 report to the marriage contract Arab Emirates, Article 16(1)(b) may be married off by her father CEDAW Committee was introduced in and Kuwait, Paras. 15-16 GR21 without her consent and by reiterated this 2000. There is a purchase Paras. 25-26, 33-34 GR29 force.42 position when it said space at the end of Egyptian women that that “[a] woman the contract for and girls for The registration of marriages is is entitled to accept spouses to stipulate “temporary” or implicit in Article 17 of Law or reject a any special “summer” No.1/2000 which generally prospective conditions regarding marriages for the prohibits courts from hearing a husband. A their respective purpose of claim based on a marriage which marriage may not be rights and commercial sex, is not supported by an official contracted without responsibilities that including cases of marriage document if the her consent. they wish to include sex trafficking, as existence of the marriage is being Otherwise, it is in the marriage well as forced denied by either party.43 considered void and contract.48

age of marriage for girls in Egypt”, http://www.equalitynow.org/action-alerts/egypt-stop-lowering-minimum-age-marriage-girls-egypt;Tracy McVeigh, “How Egypt’s radical rulers crush the lives and hopes of women”, The Guardian, 30 March 2013, https://www.theguardian.com/world/2013/mar/31/egypt-cairo-women-rights-revolution 41 According to information obtained from an Egyptian advocate (April 2017), the legal age for marriage is often treated as the legal age of civil majority. Hence in legal practice, women 18 and above, even if younger than 21, cannot be forced into a marriage by their guardian 42 Pascale Fournier et al, “En-gender-ing Legal Reforms: Islamic Law in Africa and East Asia”, (Amsterdam Law Forum, 3:2, 2011), p. 122, http://amsterdamlawforum.org/article/viewFile/213/405 43 Article 17 of Law No. 1/2000, pdf; Nathalie.20%واجراءات20%اوضاع20%بعض20%تنظيم20%قانون20%باصدار20%202000%لسنه20%201%رقم20%قانون/https://www.egypt.gov.eg/arabic/laws/download

dissolved by a labour; these Egyptian law does not prohibit court.”46 Registration of arrangements are unregistered or customary Muslim marriages often facilitated marriages (urfi) but grants them a must be undertaken by the victims’ status that is inferior to that of with the civil parents and officially registered marriages.44 registrar marriage brokers, (ma’dhun).49 who profit from the transaction;54 While urfi marriages are not prohibited, it • According to is important to media reports, officially register every year, marriages. Women thousands of in urfi marriages are young Egyptian deprived from girls are sold into claiming certain marriage against rights that would their will to have been available wealthy men by to them had their their families. marriages been Poverty is the officially registered main reason for such as their right to the practice and it

Bernard-Maugiron and Baudouin Dupret, “From Jihan to Susanne: Twenty Years of Personal Status Law in Egypt”, (Recht van de Islam, 19, 2002), p. 12, http://www.verenigingrimo.nl/wp/wp-content/uploads/recht19_dupret.pdf 45 Egypt State party report, U.N. Doc. CEDAW/C/EGY/4-5 (2000), p. 86, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 47 UNESCO, “Chapter 5: The Personal Status Laws”, para. 1.3, http://www.unesco.org/webworld/peace_library/EGYPT/WOMEN/105.HTM 48 Nathalie Bernard-Maugiron and Baudouin Dupret, “From Jihan to Susanne: Twenty Years of Personal Status Law in Egypt”, (Recht van de Islam, 19, 2002), p. 15, http://www.verenigingrimo.nl/wp/wp-content/uploads/recht19_dupret.pdf; Pascale Fournier et al, “En-gender-ing Legal Reforms: Islamic Law in Africa and East Asia”, (Amsterdam Law Forum, 3:2, 2011), p. 122, http://amsterdamlawforum.org/article/viewFile/213/405; Mauritz Berger and Nadia Sonneveld, “Sharia and National Law in Egypt”, in Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present, ed. Jan Michiel Otto (Leiden, The Netherlands: Leiden University Press, 2010), pp. 74-75, https://openaccess.leidenuniv.nl/bitstream/handle/1887/21170/file221087.pdf?sequence=1 44 Nathalie Bernard-Maugiron, “Personal Status Laws in Egypt: FAQ”, (Promotion of Women’s Rights GTZ, Egypt, 2010), p. 17, http://www.gender-in-german- development.net/custom/images/contentBilderGalerie/bilderGalerie1000507/GTZ-BMZ-NWRO-IRD-Personal-status-laws-in-egypt-2010-EN.pdf 46 Egypt State party report, U.N. Doc. CEDAW/C/EGY/ (2008), p. 75, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 49 Mauritz Berger and Nadia Sonneveld, “Sharia and National Law in Egypt”, in Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present, ed. Jan Michiel Otto (Leiden, The Netherlands: Leiden University Press, 2010), p. 74, https://openaccess.leidenuniv.nl/bitstream/handle/1887/21170/file221087.pdf?sequence=1

financial is more common maintenance from in rural areas.55 their husbands.50 They also deprive According to children born in academic research such marriages from and media reports, accessing social urfi marriages in services, such as Egypt are very healthcare and edu- common. They are cation, due to the entered into for a lack of official doc- variety of reasons umentation such as including:56 birth certificates.51 Some of the ad- • Escaping poverty verse impact of urfi or the high cost of marriages may be marriage; mitigated through the following • Enabling minors procedural means: to get married or a husband to • Article 17 of Law keep his No. 1/2000 law subsequent allows an polygamous application for marriage a secret divorce in urfi from his existing marriage cases to wife; be heard by the courts provided • Enabling widows there is some to remarry form of written without forfeiting

54 US Department of State, “Trafficking in Persons Report”, 2016, p. 160, https://www.state.gov/documents/organization/258876.pdf 50 Nathalie Bernard-Maugiron, “Personal Status Laws in Egypt: FAQ”, (Promotion of Women’s Rights GTZ, Egypt, 2010), p. 17, http://www.gender-in-german- development.net/custom/images/contentBilderGalerie/bilderGalerie1000507/GTZ-BMZ-NWRO-IRD-Personal-status-laws-in-egypt-2010-EN.pdf 51 Omnia Talal, “Living without a name: Paternity disputes in Egypt ruin thousands of lives”, Aswat Masriya, 1 December 2015, http://en.aswatmasriya.com/news/details/260; VOA, “High-Profile Paternity Case Highlights Risks of Common-Law ‘Urfi’ Marriage in Egypt” VOA, 31 October 2009, http://www.voanews.com/a/a-13-2006-06-07-voa19/325284.html

evidence of the their widowhood marriage;52 pensions or divorced women • Article 15 of the to remarry Child Law grants without losing a mother the right custody of their to register the children or child birth of her child maintenance; and and apply for a birth certificate in • Legitimising which her name sexual relations as the child’s without mother is concluding a recorded.53 formal marriage.

According to a study commissioned by Plan International, it is difficult for Egyp- tian single mothers to register the birth of their children be-

55 Hassan Abdel Zaher, “Egyptian girls victims of forced marriages, The Arab Weekly, 27 August 2015, http://www.thearabweekly.com/?id=1763 ; Arwa Abu al-Yazid, “The Shame of Child Marriage in Egypt”, 15 September 2014, https://www.alaraby.co.uk/english/features/2014/10/9/the-shame-of-child-marriage-in-egypt; Beca Coleman, “The Story Behind Child Brides in Egypt”, Egyptian Streets, 23 July 2014, https://egyptianstreets.com/2014/07/23/the-story-behind-child-brides-in-egypt/ 56 Information provided by Egyptian advocate, February 2017; Silje Saliha Telum, “Why Urfi?”: An Examining Study of Urfi Marriage in Egypt and Its Casualties”, 2016, https://www.duo.uio.no/bitstream/handle/10852/52255/Telum.pdf?sequence=1; Nathalie Bernard-Maugiron and Baudouin Dupret, “From Jihan to Susanne: Twenty Years of Personal Status Law in Egypt”, (Recht van de Islam, 19, 2002), pp. 12-13, http://www.verenigingrimo.nl/wp/wp-content/uploads/recht19_dupret.pdf; Omnia Talal, “Living without a name: Paternity disputes in Egypt ruin thousands of lives”, Aswat Masriya, 1 December 2015, http://en.aswatmasriya.com/news/details/260; Imogen Lambert and Nada Ramadan, “Who’s the daddy? Ezz, Zeina and Egypt’s Urfi marriages”, The New Arab, 2 July 2015, https://www.alaraby.co.uk/english/blog/2015/7/2/whos-the-daddy-ezz-zeina-and-egypts-urfi-marriages; Dena Rashed, “Legally Yours,” Al-Ahram Weekly, 1-7 June 2006, http://weekly.ahram.org.eg/Archive/2006/797/fe1.htm 52 Article 17 of Law No. 1/2000, pdf; Nathalie.20%واجراءات20%اوضاع20%بعض20%تنظيم20%قانون20%باصدار20%202000%لسنه20%201%رقم20%قانون/https://www.egypt.gov.eg/arabic/laws/download Bernard-Maugiron and Baudouin Dupret, “From Jihan to Susanne: Twenty Years of Personal Status Law in Egypt”, (Recht van de Islam, 19, 2002), pp. 12-13, http://www.verenigingrimo.nl/wp/wp-content/uploads/recht19_dupret.pdf 53 Article 15 of the Child Law (1996), https://www.unodc.org/res/cld/document/egy/2002/egypt_child_act_english_html/Egypt_Child_Act_English.pdf

cause of:

• The lack of awareness of a mother’s right to register their children even among officials; and

• Shame and social stigma.57

According to civil society and media reports, a draft law that mandates DNA testing in paternity cases was drawn up in 2009.58

Women’s capacity to enter into Egyptian codified law is silent on Both spouses may While legally: marriage the requirement for a woman to stipulate any have the consent of a marital condition in their • A prospective Is consent of a marital guardian guardian (wali) to enter into mar- marriage contract. bride over 18 can (wali) required? If so, can a wom- riage. As such rules of Hanafi fiqh About 1/3 of the enter into an choose her own wali? Can a apply, whereby a prospective Egyptian standard marriage without woman go before a court or other bride over 18 do not require the marriage contract is the consent of a competent authority to seek per- consent of a guardian but a left empty for this wali, in social mission to marry if her wali refus- prospective bride under 18 purpose. The practice, there is

57 Plan International, “Mother to Child: How Discrimination Prevents Women Registering the Birth of Their Child”, 2012, p. 10, http://www.ohchr.org/Documents/Issues/Children/BirthRegistration/PlanInternational2_birthRegistration.pdf 58 Nathalie Bernard-Maugiron, “Personal Status Laws in Egypt: FAQ”, (Promotion of Women’s Rights GTZ, Egypt, 2010), p. 9, http://www.gender-in-german- development.net/custom/images/contentBilderGalerie/bilderGalerie1000507/GTZ-BMZ-NWRO-IRD-Personal-status-laws-in-egypt-2010-EN.pdf; Ahmed Hosni, “New paternity law stipulating DNA testing proposed”, 13 April 2006, IRIN, http://www.irinnews.org/report/26290/egypt-new-paternity-law-stipulating-dna-testing-proposed

es to consent to her marriage? requires the consent of her stipulated conditions strong Can a woman negotiate her mar- guardian to marry.59 are registered by the expectation that tial rights prior to marriage and civil registrar she seeks the can these rights be changed dur- If a guardian opposes the (ma’dhun) at the consent of a male ing marriage? If so, who can marriage, the prospective bride request of the wali (e.g. father, change these rights and under may seek the authorisation of a spouses before the grandfather, what circumstances e.g. mutual judge to get married. A guardian contract is signed. brother, uncle, consent? cannot object to a marriage based Conditions that may etc.) to enter into on the dowry amount or social be stipulated in the marriage;63 Applicable CEDAW Provision equity.60 contract include:62 Articles 16(1)(a), 16(1)(b) • A woman can Paras. 15-16 GR21 A law, popularly known as the • The wife will be insert stipulations Para. 34 GR29 “Seasonal Marriage” or “Tourist allowed to use her in her marriage Marriage” law, obligates foreign delegated right to contract, there is men who wish to marry Egyptian unilateral divorce currently no clear females 25 years or more their (isma) without mechanism for junior to pay their prospective restrictions; the enforcement brides a stipulated sum of money of stipulations in before they are able to marry • The husband will marriage them. The Ministry of Justice not be allowed to contracts and Decree No. 9200/2015 requires conclude their foreign men to deposit 50,000 subsequent consequences. Egyptian pounds in investment marriages without The ability to certificates in the bank accounts the written obtain a clearer of their prospective brides, with a approval of his understanding on 12.75% interest rate to be paid wife and if he this issue is also every six months for 10 years if does enter into a impeded by the they wish to marry Egyptian polygamous lack of sufficient

59 Information obtained from Egyptian advocate, April 2017; Dar al-Ifta al Misriyyah, “Can a woman get married without her (wali) guardian’s approval”, http://www.dar- alifta.org/Foreign/ViewFatwa.aspx?ID=6018; Women Living Under Muslim Laws, “Knowing Our Rights: Women, Family Laws and Customs in the Muslim World”, (Nottingham, UK: The Russell Press, Third Edition, 2006), p. 67, http://www.wluml.org/sites/wluml.org/files/import/english/pubs/pdf/knowing%20our%20rights/kor_2006_en.pdf 60 Women Living Under Muslim Laws, “Knowing Our Rights: Women, Family Laws and Customs in the Muslim World”, (Nottingham, UK: The Russell Press, Third Edition, 2006), p. 73, http://www.wluml.org/sites/wluml.org/files/import/english/pubs/pdf/knowing%20our%20rights/kor_2006_en.pdf; Human Rights Watch, “Divorced from Justice: Women’s Unequal Access to Divorce in Egypt”, 2004, p. 17, https://www.hrw.org/reports/2004/egypt1204/egypt1204.pdf

women 25 years or more their marriage without publicly available junior.61 her written data on cases approval, the wife that have been will be allowed to adjudicated on dissolve her the basis of marriage; breach of a condition in a • The wife will marriage benefit of the contract. 64 marital home and/or assets in According to media event of divorce or reports, the death; “Seasonal marriage” or “Tourist marriage” • The husband will law, which dates allocate a lump or back to 1976, a regular amount originally prohibited of money to his marriages between wife if he divorces foreign men and her against her Egyptian females will; who are 25 years or more their junior

62 Nathalie Bernard-Maugiron, “Personal Status Laws in Egypt: FAQ”, (Promotion of Women’s Rights GTZ, Egypt, 2010), p. 16, http://www.gender-in-german- development.net/custom/images/contentBilderGalerie/bilderGalerie1000507/GTZ-BMZ-NWRO-IRD-Personal-status-laws-in-egypt-2010-EN.pdf 63 Information obtained from Egyptian advocate, April 2017; Brenda Opperman, “The Impact of Legal Pluralism on Women’s Status: An Examination of Marriage Laws in Egypt, South Africa and the United States”, (Hastings Women’s Law Journal, 17:1, 2006), p. 70, http://repository.uchastings.edu/cgi/viewcontent.cgi?article=1214&context=hwlj; Women Living Under Muslim Laws, “Knowing Our Rights: Women, Family Laws and Customs in the Muslim World”, (Nottingham, UK: The Russell Press, Third Edition, 2006), p. 73, http://www.wluml.org/sites/wluml.org/files/import/english/pubs/pdf/knowing%20our%20rights/kor_2006_en.pdf; Human Rights Watch, “Divorced from Justice: Women’s Unequal Access to Divorce in Egypt”, 2004, p. 17, https://www.hrw.org/reports/2004/egypt1204/egypt1204.pdf 61 Leila Fadel, “Does Egypt’s Law Protect ‘Short-Term Brides’ or Formalize Trafficking?”, NPR, 1 February 2016, http://www.npr.org/sections/parallels/2016/02/01/463708687/does-egypts-law-protect-short-term-brides-or-formalize-trafficking; Sonia Farid, “Does Egypt’s new tourist marriage law really ‘protect’ women?’, Al Arabiya English, 18 January 2016, https://english.alarabiya.net/en/perspective/analysis/2016/01/18/Does-Egypt-s-new-tourist- marriage-law-really-protect-women-.html; Aswat Masriya, Egyptian women protest minister of justice’s decree on ‘summer marriages’ phenomenon, Aswat Masriya, 23 December 2015, http://en.aswatmasriya.com/news/details/5634; Nada Ramadan, “Putting a price tag on Egyptian women”, The New Arab, 9 December 2015, https://www.alaraby.co.uk/english/Features/2015/12/9/Putting-a-price-tag-on-Egyptian-women 64 Information obtained from Egyptian advocate, April 2017

• The wife will be unless under allowed to work exceptional and/or to continue circumstances. As a education; result of pressure from conservative • The mother will Muslim groups, the have the right to law was amended in choose the 1993 to allow for children’s schools; such marriages but and foreign men had to pay for the right to • The mother will be marry much younger allowed to live Egyptian females by with her children depositing 25,000 in the country of Egyptian pounds in her choice in the the name of their event of divorce. prospective wives. The amount was increased to 40,000 pounds in 2004 and 50,0000 in 2015.65

When the 2000 standardised marriage contract was introduced, conservative Muslim groups opposed it on the basis: (i) in general, the inclusion of stipulations in

65 Leila Fadel, “Does Egypt’s Law Protect ‘Short-Term Brides’ or Formalize Trafficking?”, NPR, 1 February 2016, http://www.npr.org/sections/parallels/2016/02/01/463708687/does-egypts-law-protect-short-term-brides-or-formalize-trafficking; Sonia Farid, “Does Egypt’s new tourist marriage law really ‘protect’ women?’, Al Arabiya English, 18 January 2016, https://english.alarabiya.net/en/perspective/analysis/2016/01/18/Does-Egypt-s-new-tourist- marriage-law-really-protect-women-.html

marriage contracts would cause harm because it would lead to mistrust between couples and discourage young women and men from getting married; (ii) specifically, the inclusion of stipulations in the contract that restricts a husband’s right to enter into a polygamous marriage or allowing wives to travel without the permission of their husbands “forbade the permitted and permitted the forbidden”.66

According to academic research, in practice, women in Egypt seem reluctant to exercise their right to insert stipulations in their marriage contracts

66 Mulki Al-Sharmani, “Recent Reforms in Personal Status Laws and Women’s Empowerment: Family Courts in Egypt”, 2008, p. 9, https://goo.gl/bp4MnO

because of social stigma.67

Polygamous marriages A Muslim man may marry up to A woman may According to Egypt’s four wives at one time. He is not stipulate in the 2014 Demographic Does the law prohibit polygamy or required by law to seek the marriage contract and Health Survey, impose strict conditions on such permission of the court or his that her husband 3% of marriages in practice? Is the permission of the existing wife or wives to enter into may not take Egypt are polyga- court required for a polygamous a polygamous marriage. His exist- another wife.73 If the mous. The survey marriage? Is the permission of an ing wife or wives are informed by husband breaches also found that:74 existing wife required for a polyg- the civil registrar (ma’dhun) of the this term of the amous marriage? Is it necessary new marriage after it has been marriage contract, • Older women to inform an existing wife of the contracted.68 the woman may were more likely polygamous marriage? Are tem- seek judicial than younger porary marriages such as travel- Article 11Bis of Decree Law No. divorce. women to have er’s marriages (misyar) recog- 29/1929 provides that a husband co-wives. For nised? Is it necessary to register a must declare his marital status in instance, 4% of polygamous marriage? Can a the marriage contract. If he is married women woman stipulate in the marriage already married, he must list the aged 45-49 contract that her intended hus- names of any existing wife or reported having band cannot enter into a polyga- wives and their respective co-wives, as mous marriage? addresses. The ma’dhun is compared with tasked with the responsibility of 1% of women Applicable CEDAW Provision notifying any existing wife or aged 20-24; Para. 14 GR21 wives of the husband’s new Para. 34 GR29 marriage by registered post, the • Rural women receipt of which must be were slightly more acknowledged.69

67 Mauritz Berger and Nadia Sonneveld, “Sharia and National Law in Egypt”, in Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present, ed. Jan Michiel Otto (Leiden, The Netherlands: Leiden University Press, 2010), p. 76, https://openaccess.leidenuniv.nl/bitstream/handle/1887/21170/file221087.pdf?sequence=1; Jasmine Moussa, ”The Reform of Shari’a-derived Divorce Legislation in Egypt: International Standards and the Cultural Debate”, p. 13, 2005, https://www.nottingham.ac.uk/hrlc/documents/publications/hrlcommentary2005/divorcelegislationegypt.pdf 68 Nathalie Bernard-Maugiron, “Personal Status Laws in Egypt: FAQ”, (Promotion of Women’s Rights GTZ, Egypt, 2010), pp. 9, 19, http://www.gender-in-german- development.net/custom/images/contentBilderGalerie/bilderGalerie1000507/GTZ-BMZ-NWRO-IRD-Personal-status-laws-in-egypt-2010-EN.pdf 69 Article 11Bis of Decree Law No. 25/1929, http://www.mohamoon.com/montada/Default.aspx?action=ArabicLaw&ID=11; Nathalie Bernard-Maugiron, “Personal Status Laws in Egypt: FAQ”, (Promotion of Women’s Rights GTZ, Egypt, 2010), p. 19, http://www.gender-in-german-

likely to report Pursuant to Article 23Bis of having co-wives Decree Law No. 29/1929, a than urban husband may be fined and jailed if women (3% he provides the ma’dhun with versus 2%); incorrect information regarding his marital status or the addresses of • Women living in any of his existing wives. Under poorer the same article (Article 23Bis), households were the ma’dhun may also be fined, more likely than jailed and/or be suspended from women living in work if he fails to inform the richer households husband’s existing wife or wives to have co-wives. of the new marriage in For instance, 4% accordance with the law.70 of women living in households in the Article 11Bis of Decree Law No. lowest wealth 29/1929 also permits:71 quintile reported having co-wives, • An existing wife to seek as compared with divorce if her husband marries 2% of women another woman on the basis living in that the new marriage causes households in the her material or mental harm, highest quintile; thus making it impossible for and to remain in the marriage. This

development.net/custom/images/contentBilderGalerie/bilderGalerie1000507/GTZ-BMZ-NWRO-IRD-Personal-status-laws-in-egypt-2010-EN.pdf 73 Nathalie Bernard-Maugiron, “Personal Status Laws in Egypt: FAQ”, (Promotion of Women’s Rights GTZ, Egypt, 2010), p. 16, http://www.gender-in-german- development.net/custom/images/contentBilderGalerie/bilderGalerie1000507/GTZ-BMZ-NWRO-IRD-Personal-status-laws-in-egypt-2010-EN.pdf 74 Egyptian Ministry of Health and Population, El-Zanaty and Associates and the DHS Program, “Egypt Demographic and Health Survey 2014”, Table 7.2, p. 91, https://dhsprogram.com/pubs/pdf/FR302/FR302.pdf 70 Article 23Bis of Decree Law No. 25/1929, http://www.mohamoon.com/montada/Default.aspx?action=ArabicLaw&ID=11; Nathalie Bernard-Maugiron, “Personal Status Laws in Egypt: FAQ”, (Promotion of Women’s Rights GTZ, Egypt, 2010), pp. 19-20, http://www.gender-in-german- development.net/custom/images/contentBilderGalerie/bilderGalerie1000507/GTZ-BMZ-NWRO-IRD-Personal-status-laws-in-egypt-2010-EN.pdf 71 Article 11Bis of Decree Law No. 25/1929, http://www.mohamoon.com/montada/Default.aspx?action=ArabicLaw&ID=11; Nathalie Bernard-Maugiron, “Personal Status Laws in Egypt: FAQ”, (Promotion of Women’s Rights GTZ, Egypt, 2010), p. 19, http://www.gender-in-german- development.net/custom/images/contentBilderGalerie/bilderGalerie1000507/GTZ-BMZ-NWRO-IRD-Personal-status-laws-in-egypt-2010-EN.pdf

right is available to the existing • Lower educated wife even if it is not stipulated women were in the marriage contract that more likely to her husband cannot marry report having co- another wife; wives than higher educated women. • A new wife to seek divorce if For instance, 5% she only discovered that her of married women husband was already married with no education at the time their marriage was reported having concluded after she had co-wives, as concluded her marriage with compared with him. 2% of women who has attained Egyptian codified law is silent on secondary or the prohibition or otherwise of higher education. temporary marriages. However, the Egyptian Dar al-Ifta’ has Through the issued two rulings (fatwā) introduction of the announcing that misyar marriage Law No. 44/1979, is a valid form of marriage there was an provided it meets “the integrals attempt to provide a and conditions of a marriage wife whose husband contract and so long as there is marry another wife nothing to prevent the marriage.” without her prior In addition, any agreement by the consent with the women to waive her rights to right to be granted staying overnight and/or an automatic expenses is “unbinding since the divorce by a judge woman is entitled to ask for her provided she rights to overnight stays and requested for the expenses whenever she wishes divorce within one and the husband is to comply with year from the date her demands.”72 she knew about her

72 Dar al-Ifta al Misriyyah, “Is the Misyar marriage legal?”, http://www.dar-alifta.org/Foreign/ViewFatwa.aspx?ID=6619&text=misyar; Dar al-Ifta al Misriyyah, “Is Misyar marriage allowed in Islam?”, http://www.dar-alifta.org/Foreign/ViewFatwa.aspx?ID=6067&text=misyar

husband’s polygamous marriage. However, Law No. 44/1979 was challenged by several personal status judges who referred it to the Supreme Constitutional Court for a ruling on its constitutionality. The Supreme declared the law unconstitutional Law No. 44/1979 unconstitutional in 1985 and in the same year Law No. 100/1985 was passed in parliament stipulating that the wife’s right to divorce her husband following his polygamous marriage was subject to the discretionary of a judge as opposed to it being an automatic one.75

75 Maha Muhammad Assad, The Divinity of Personal Status Law in Egypt (2016), p. 34, http://dar.aucegypt.edu/bitstream/handle/10526/4795/The%20Divinity%20Of%20Personal%20Status%20Law%20In%20Egypt.pdf?sequence=3; Nathalie Bernard- Maugiron and Baudouin Dupret, “From Jihan to Susanne: Twenty Years of Personal Status Law in Egypt”, (Recht van de Islam, 19, 2002), pp. 4-5, 7-9,

Divorce rights Egyptian law provides for three Case 2040, Ayn The Government of It is important to According to civil different mechanisms for divorce: Shams Family Egypt in its 2008 officially register a society and media Is there equal right to divorce be- (i) unilateral repudiation by the Court, 27 May 2012, report to the divorce. Pursuant to reports as well as tween women and men? Can the husband (talāq); (ii) out-of-court exemplifies the CEDAW Committee Article 21 of Law academic husband divorce without reason negotiated divorce (ibra’); and (iii) typical formulation of confirmed that “a No. 1/2000, where research:103 and without having to go to court? judicial divorce. The marriage talāq by Egyptian woman is entitled to one party denies 76 What are the main forms of di- may also be annulled. family court judges, seek divorce by that divorce has • 2015 statistics vorce? Can all forms of divorce be which is as follows: unilateral taken place, only a released by sought only through the courts? A husband may unilaterally “Repudiation (talaq) termination of her divorce that has Egypt’s central Are the grounds for divorce the repudiate the marriage without comes into effect as marriage contract been attested to and statistics agency same for the husband and wife? much restrictions.77 However, the husband (khul’) without notarised will (CAPMAS) show Is unilateral divorce by repudiation Article 5Bis of Decree Law No. articulates it. This is having to prove recognised, thereby that the total (talāq) prohibited? If unilateral 25/1929 provides that a husband in accordance with damage in implicitly making it number of divorce is not prohibited, what is must register his repudiation with- all four schools of exchange for her mandatory for all divorces in Egypt the procedure i.e. is the presence in 30 days of his declaration with Islamic return of her dower divorce to be rose by 10.8% to of the spouse to be divorced re- the ma’dhun. If the wife is not jurisprudence as or any real estate or officially reach 199,867 in quired, are witnesses required, present at the ma’dhun’s office well as the property which the registered.100 2015 from does the spouse seeking divorce together with the husband, the Prophet’s man gave her as his 180,244 in 2014; need to go to court, is the di- ma’dhun is tasked with the companions. The wife during the It is important to vorced spouse informed of the responsibility of notifying the wife registration of the marriage. If she can specify in the • The 2015 78 divorce? Is the unilateral right to of her divorce through a bailiff. repudiation and prove damage marriage contract CAPMAS divorce delegated to the wife? If ways of notifying the before the judiciary, that the wife will statistics also so, is it by law or through the mar- Non-registration of the repudiation wife of its she is entitled to her have the right to use show that the riage contract? Is it mandatory to does not invalidate the divorce. occurrence have no full rights as isma “whenever she majority of register a divorce? However, pursuant to Article bearing on the right provided under the wants and as many divorces granted

http://www.verenigingrimo.nl/wp/wp-content/uploads/recht19_dupret.pdf 76 Mauritz Berger and Nadia Sonneveld, “Sharia and National Law in Egypt”, in Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present, ed. Jan Michiel Otto (Leiden, The Netherlands: Leiden University Press, 2010), p. 75, https://openaccess.leidenuniv.nl/bitstream/handle/1887/21170/file221087.pdf?sequence=1; Jasmine Moussa, ”The Reform of Shari’a-derived Divorce Legislation in Egypt: International Standards and the Cultural Debate”, pp. 11-18, 2005, https://www.nottingham.ac.uk/hrlc/documents/publications/hrlcommentary2005/divorcelegislationegypt.pdf 77 Articles 1-4 of Decree Law No. 25/1929, http://www.mohamoon.com/montada/Default.aspx?action=ArabicLaw&ID=11; Monika Lindbekk, “Inscribing Islamic Shari’a in Egyptian Divorce Law”, (Oslo Law Review, Issue 2, 2016), p. 119, https://journals.uio.no/index.php/oslawreview/article/view/4081/3561; Nathalie Bernard-Maugiron and Baudouin Dupret, “Breaking Up the Family: Divorce in Egyptian Law and Practice”, (Hawwa, 6:1, 2008), pp. 6, 8, https://halshs.archives-ouvertes.fr/halshs- 00339503/document 78 Articles 5Bis of Decree Law No. 25/1929, http://www.mohamoon.com/montada/Default.aspx?action=ArabicLaw&ID=11; Nathalie Bernard-Maugiron and Baudouin Dupret, “Breaking Up the Family: Divorce in Egyptian Law and Practice”, (Hawwa, 6:1, 2008), p. 7, https://halshs.archives-ouvertes.fr/halshs-00339503/document

23Bis of Decree Law No. to repudiation which law.”99 times as she wants”; by court rulings Applicable CEDAW Provision 25/1929, the husband may be God has solely otherwise her are through khul', Article 16(1)(c) fined and jailed for his failure to granted to the husband may take estimated at Paras. 17-18 GR21 register the repudiation. Under the husband.”92 her back after she 67.6% of the total Paras. 34, 39-40 GR29 same article (Article 23Bis), the repudiates for 2015, while ma’dhun may also be fined, jailed According to herself.101 the lowest was and/or be suspended from work if decision No. 432 of due to the he fails to inform the wife the Court of Appeal If both spouses imprisonment of concerned of the divorce.79 of 1964, “the agree to terminate the husband, definition of harm an urfi marriages, which constituted A husband may delegate his includes the the husband may 0.08% of the unilateral right to divorce to his husband’s repudiate his wife cases; wife (isma) through a stipulation in systematic and the originals of the marriage contract, thus maltreatment, either the marriage • 2013 statistics permitting her to pronounce talāq verbal or physical, of contracts are released by upon herself (talāq-i-tafwid). The the wife in a manner destroyed. In this CAPMAS show wife needs to go to the ma’dhun that is not suitable to instance, it is that the number with two witnesses and ask him to women of her advisable for the of talāq register her self-repudiation.80 standing.”93 wife to ask her certificates former husband to amounted to

100 Article 21 of Law No. 1/2000, ;pdf.20%واجراءات20%اوضاع20%بعض20%تنظيم20%قانون20%باصدار20%202000%لسنه20%201%رقم20%قانون/https://www.egypt.gov.eg/arabic/laws/download 103 Rahma Diia, “Divorces up by 10.8 percent in 2015 – official statistics agency”, Aswat Masriya, 5 July 2016, http://en.aswatmasriya.com/news/details/17277; Monika Lindbekk, “Inscribing Islamic Shari’a in Egyptian Divorce Law”, (Oslo Law Review, Issue 2, 2016), p. 119, https://journals.uio.no/index.php/oslawreview/article/view/4081/3561 79 Article 23Bis of Decree Law No. 25/1929, http://www.mohamoon.com/montada/Default.aspx?action=ArabicLaw&ID=11; Nathalie Bernard-Maugiron and Baudouin Dupret, “Breaking Up the Family: Divorce in Egyptian Law and Practice”, (Hawwa, 6:1, 2008), p. 7, https://halshs.archives-ouvertes.fr/halshs-00339503/document 80 Article 20 of Law No. 1/2000, pdf; Nathalie.20%واجراءات20%اوضاع20%بعض20%تنظيم20%قانون20%باصدار20%202000%لسنه20%201%رقم20%قانون/https://www.egypt.gov.eg/arabic/laws/download Bernard-Maugiron, “Personal Status Laws in Egypt: FAQ”, (Promotion of Women’s Rights GTZ, Egypt, 2010), p. 16, http://www.gender-in-german- development.net/custom/images/contentBilderGalerie/bilderGalerie1000507/GTZ-BMZ-NWRO-IRD-Personal-status-laws-in-egypt-2010-EN.pdf 92 Monika Lindbekk, “Inscribing Islamic Shari’a in Egyptian Divorce Law”, (Oslo Law Review, Issue 2, 2016), p. 118, https://journals.uio.no/index.php/oslawreview/article/view/4081/3561 93 Jasmine Moussa, ”The Reform of Shari’a-derived Divorce Legislation in Egypt: International Standards and the Cultural Debate”, p. 14, 2005, https://www.nottingham.ac.uk/hrlc/documents/publications/hrlcommentary2005/divorcelegislationegypt.pdf 99 Egypt State party report, U.N. Doc. CEDAW/C/EGY/ (2008), p. 75, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 101 Nathalie Bernard-Maugiron, “Personal Status Laws in Egypt: FAQ”, (Promotion of Women’s Rights GTZ, Egypt, 2010), p. 16, http://www.gender-in-german- development.net/custom/images/contentBilderGalerie/bilderGalerie1000507/GTZ-BMZ-NWRO-IRD-Personal-status-laws-in-egypt-2010-EN.pdf

A wife may negotiate with her On urfi marriages, sign a paper in the 162,583, making husband an out-of-court divorce women generally presence of two a husband’s by relinquishing some or all of her find it difficult witnesses, unilateral financial rights (ibra’). However, if proving the following acknowledging that repudiation of a both parties are unable to reach a in court: he repudiated her. If marriage the mutual agreement on an ibra’ di- the husband refuses most common vorce, a wife may bring a court • The existence of to repudiate his wife form of divorce in case to seek a khul’ divorce, urfi marriages due and to destroy the Egypt. where she needs to: (i) declare in to: (i) the lack of originals of the court that she detests life with her documentary contracts, the wife is According to civil husband, the continuation of evidence, in which still considered society and media married life between them is case the courts married and cannot reports, the follow- impossible and she fears that she are prohibited remarry. In such an ing are some of the will transgress against the ‘limits even hear the instance, her practical obstacles of God’ due to this detestation; (iii) case; and (ii) the resource is to seek faced by women pledge to return her mahr; and (iv) need for urfi a divorce in court.102 when seeking to renounce all her financial rights. marriages to be exercise their di- In such a case, the court must concluded in the vorce rights include: order a reconciliation process, presence of two and if it fails it must then rule for male witnesses • On unilateral divorce.81 (or one male and divorce: 104 (i) It two females) and is difficult to Article 20 of Law No. 1/2000 meet the general prove unilateral prohibits the waiver of a wife’s conditions for a repudiation has right to custody over her children marriage for such taken place and the father’s obligation to pay marriages to have because the for their maintenance as part of legal effect;94 and husband does not the khul compensation.82

81 Information obtained from Egyptian advocate, April 2017; Articles 18, 20 of Law No. 1/2000, pdf; Nathalie.20%واجراءات20%اوضاع20%بعض20%تنظيم20%قانون20%باصدار20%202000%لسنه20%201%رقم20%قانون/https://www.egypt.gov.eg/arabic/laws/download Bernard-Maugiron and Baudouin Dupret, “Breaking Up the Family: Divorce in Egyptian Law and Practice”, (Hawwa, 6:1, 2008), p. 5, https://halshs.archives- ouvertes.fr/halshs-00339503/document; N. Sonneveld, “Khul’ Divorce in Egypt: public debates, judicial practices and everyday life”, (University of Amsterdam, 2009), pp. 176-177, https://pure.uva.nl/ws/files/1310278/63357_13.pdf 82 Article 20 Law No. 1/2000, pdf; Nathalie.20%واجراءات20%اوضاع20%بعض20%تنظيم20%قانون20%باصدار20%202000%لسنه20%201%رقم20%قانون/https://www.egypt.gov.eg/arabic/laws/download Bernard-Maugiron, “Personal Status Laws in Egypt: FAQ”, (Promotion of Women’s Rights GTZ, Egypt, 2010), p. 21, http://www.gender-in-german- development.net/custom/images/contentBilderGalerie/bilderGalerie1000507/GTZ-BMZ-NWRO-IRD-Personal-status-laws-in-egypt-2010-EN.pdf

need to make the Valid grounds for seeking a judi- • The paternity of declaration in the cial divorce by a wife include a the father in cases presence of any husband’s: (i) failure to provide where children are witness; (ii) The maintenance; (ii) severe or born from urfi legal requirement incurable illness of which the wife marriages. Not to register a was not aware at the time the only is DNA unilateral divorce marriage was concluded; (iii) testing is not is ineffective absence of more than one year mandatory in because: (a) without reasonable excuse; or (iv) paternity cases, in there is a general imprisonment of more than three 2010, an lack of years (wife may seek divorce after Appellate Court awareness one year).83 In addition, a wife rejected the DNA among Egyptians may seek divorce on the basis of results of a father of the harm that makes it impossible to on the basis that requirement; (b) continue living together as DNA testing does the fact that non- spouses.84 not abide by compliance with Shari’ah the registration In the case of a divorce petition principles. A requirement does

94 Article 17 of Law No. 1/2000, pdf; Nathalie.20%واجراءات20%اوضاع20%بعض20%تنظيم20%قانون20%باصدار20%202000%لسنه20%201%رقم20%قانون/https://www.egypt.gov.eg/arabic/laws/download Bernard-Maugiron and Baudouin Dupret, “From Jihan to Susanne: Twenty Years of Personal Status Law in Egypt”, (Recht van de Islam, 19, 2002), p. 12, http://www.verenigingrimo.nl/wp/wp-content/uploads/recht19_dupret.pdf; Nathalie Bernard-Maugiron, “Personal Status Laws in Egypt: FAQ”, (Promotion of Women’s Rights GTZ, Egypt, 2010), p. 17, http://www.gender-in-german-development.net/custom/images/contentBilderGalerie/bilderGalerie1000507/GTZ-BMZ-NWRO-IRD- Personal-status-laws-in-egypt-2010-EN.pdf 102 Nathalie Bernard-Maugiron, “Personal Status Laws in Egypt: FAQ”, (Promotion of Women’s Rights GTZ, Egypt, 2010), pp. 17-18, http://www.gender-in-german- development.net/custom/images/contentBilderGalerie/bilderGalerie1000507/GTZ-BMZ-NWRO-IRD-Personal-status-laws-in-egypt-2010-EN.pdf 104 Monika Lindbekk, “Inscribing Islamic Shari’a in Egyptian Divorce Law”, (Oslo Law Review, Issue 2, 2016), p. 120, https://journals.uio.no/index.php/oslawreview/article/view/4081/3561; Nathalie Bernard-Maugiron, “Personal Status Laws in Egypt: FAQ”, (Promotion of Women’s Rights GTZ, Egypt, 2010), p. 11, http://www.gender-in-german-development.net/custom/images/contentBilderGalerie/bilderGalerie1000507/GTZ-BMZ-NWRO-IRD-Personal- status-laws-in-egypt-2010-EN.pdf 83 Articles 4-5 of Law No. 25/1920, Articles 12-14 of Decree Law No. 25/1929, http://www.mohamoon.com/montada/Default.aspx?action=ArabicLaw&ID=11; Mauritz Berger and Nadia Sonneveld, “Sharia and National Law in Egypt”, in Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present, ed. Jan Michiel Otto (Leiden, The Netherlands: Leiden University Press, 2010), p. 75, https://openaccess.leidenuniv.nl/bitstream/handle/1887/21170/file221087.pdf?sequence=1; Nathalie Bernard-Maugiron and Baudouin Dupret, “Breaking Up the Family: Divorce in Egyptian Law and Practice”, (Hawwa, 6:1, 2008), p. 2, https://halshs.archives-ouvertes.fr/halshs-00339503/document 84 Article 6 of Decree Law No. 25/1929, http://www.mohamoon.com/montada/Default.aspx?action=ArabicLaw&ID=11; Nathalie Bernard-Maugiron, Breaking Up the Family: Divorce in Egyptian Law and Practice, p. 3, https://halshs.archives-ouvertes.fr/halshs-00339503/document

based on harm, if the claim of mother may prove not render the harm is proven and reconciliation paternity of her repudiation between the spouses is child by providing invalid impossible, the judge will grant a any form of incentivises divorce and decide on the amount evidence that she husbands to of compensation due to the wife. has had intimate circumvent the If the claim of harm is not proven relations with the requirement in and the wife insists on her claim, alleged father. A order to avoid the judge must appoint two customary having to pay arbitrators (one from the marriage contract their wives husband’s family and one from will be considered financial the wife’s family) who will attempt as such evidence compensation to reconcile the couple. If reconcil- but will most likely following the iation is impossible, the arbitrators need to be divorce; and (c) it will make the appropriate recom- substantiated by is not the cultural mendation regarding the divorce testimonies of norm to allow the and any compensation due, which others.95 state to interfere the judge then reviews and make with family the appropriate ruling. Generally, The following are matters in Egypt. if the source of the dispute is:85 media reports of 105 high profile court • On Isma: • The husband, the arbitrators cases regarding the According to a will recommend a divorce and determination of media report the wife will fully be entitled to paternity of children back in 2000, all her marital and divorce born in urfi statistics released rights; marriages that have by CAPMAS at succeeded:96

85 Articles 6-11 of Decree Law No. 25/1929, http://www.mohamoon.com/montada/Default.aspx?action=ArabicLaw&ID=11; Article 19 of Law No. 1/2000, pdf.20%واجراءات20%اوضاع20%بعض20%تنظيم20%قانون20%باصدار20%202000%لسنه20%201%رقم20%قانون/https://www.egypt.gov.eg/arabic/laws/download 95 Nathalie Bernard-Maugiron, “Personal Status Laws in Egypt: FAQ”, (Promotion of Women’s Rights GTZ, Egypt, 2010), pp. 9, 17, http://www.gender-in-german- development.net/custom/images/contentBilderGalerie/bilderGalerie1000507/GTZ-BMZ-NWRO-IRD-Personal-status-laws-in-egypt-2010-EN.pdf; George Sadek, “Egypt: Appellate Court Rejects DNA Results That Contradict Shari’a Rules of Evidence”, 2010, https://loc.gov/law/foreign-news/article/egypt-appellate-court-rejects-dna- results-that-contradict-sharia-rules-of-evidence/ 96 Omnia Talal, “Living without a name: Paternity disputes in Egypt ruin thousands of lives”, Aswat Masriya, 1 December 2015, http://en.aswatmasriya.com/news/details/260; VOA, “High-Profile Paternity Case Highlights Risks of Common-Law ‘Urfi’ Marriage in Egypt” VOA, 31 October 2009, http://www.voanews.com/a/a-13-2006-06-07-voa19/325284.html 105 Reem Leila, “Before you sign on the dotted line”, Al Ahram Weekly, 22-29 June 2000, http://weekly.ahram.org.eg/Archive/2000/487/li2.htm; Mauritz Berger and Nadia

that time, indicat- • The wife, the arbitrators will • In the 2006 case ed that about recommend a divorce in ex- of Hind al- 50,000 women change for compensation to Ḥinnawī’ and had marriage be paid by the wife to the hus- Aḥmad al-Fishāwī, contracts contain- band; after much ing provisions debate, the court that provide them • Shared between the husband attributed the with the delegat- and wife, the arbitrators will paternity of the ed right to di- recommend a divorce and child (daughter) in vorce. The report may recommend either no the marriage to suggested that: compensation to be paid by ei- the father who had (i) the number of ther party or in proportion to denied contracting women expected the wrongs of each side; an urfi marriage to include the and fathering the right to isma in • Cannot be determined, the child. The father their marriage arbitrators will recommend di- refused to submit contract is ex- 97 vorce with no compensation to to DNA testing; pected to in- be paid by either party. crease due to • In the 2015 case current social and Article 8 of Decree Law No. of Zeina and economic cir- 25/1929 obligates the arbitrators Ahmad Ezz, the cumstances; (ii) to conclude the reconciliation court ruled that the inclusion of process within six months of their the couple in the the right to isma appointment and if that is not case concluded in marriage con- possible, the judge has the power an urfi marriage tracts were more to grant an extension of time once and attributed the common among subject to a maximum of three paternity of the “powerful, months. If the arbitrators are still twin children born wealthy, educat- unable to come to an agreement, in the marriage to ed women” who are based urban

Sonneveld, “Sharia and National Law in Egypt”, in Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present, ed. Jan Michiel Otto (Leiden, The Netherlands: Leiden University Press, 2010), p. 76, https://openaccess.leidenuniv.nl/bitstream/handle/1887/21170/file221087.pdf?sequence=1 97 Dena Rashed, “Legally Yours,” Al-Ahram Weekly, 1-7 June 2006, http://weekly.ahram.org.eg/Archive/2006/797/fe1.htm

Article 11 obligates the court to the husband of the areas such as appoint a third arbitrator to assist marriage.98 Cairo and Alex- with the reconciliation process. If andria and who the three arbitrators are still were more aware unable reach an agreement, the of their legal judge will order a divorce but the rights as com- wife forfeits her financial rights pared to women either fully or partially and may in rural areas also have to compensate her where small husband if the judge finds it communities appropriate for her to do so.86 make it embar- rassing for a In divorce cases based on harm, woman to defy a wife’s testimony is not sufficient social taboos and to prove harm; she must also insist upon her have two witnesses.87 right to be granted a delegated Valid grounds for seeking an right to divorce. annulment including include More recent aca- conversion or apostasy of a demic research spouse.88 indicate that despite their right to Article 17 of Law No. 1/2000 isma Egyptian generally prohibits the courts from women are reluc- hearing any disputes arising from tant to exercise it unregistered or customary for fear or social marriages (urfi).89 However, the stigma; courts are allowed to rule on two aspects of such marriages: (i) • On judicial

86 Articles 8, 11 of Decree Law No. 25/1929, http://www.mohamoon.com/montada/Default.aspx?action=ArabicLaw&ID=11 87 Nathalie Bernard-Maugiron and Baudouin Dupret, “Breaking Up the Family: Divorce in Egyptian Law and Practice”, (Hawwa, 6:1, 2008), p. 3, https://halshs.archives- ouvertes.fr/halshs-00339503/document 88 Mauritz Berger and Nadia Sonneveld, “Sharia and National Law in Egypt”, in Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present, ed. Jan Michiel Otto (Leiden, The Netherlands: Leiden University Press, 2010), p. 76, https://openaccess.leidenuniv.nl/bitstream/handle/1887/21170/file221087.pdf?sequence=1 89 Article 17 of Law No. 1/2000, pdf.20%واجراءات20%اوضاع20%بعض20%تنظيم20%قانون20%باصدار20%202000%لسنه20%201%رقم20%قانون/https://www.egypt.gov.eg/arabic/laws/download

Divorce applications where the divorce based existence of such a marriage is on husband’s being denied by one of the parties imprisonment: provided there is documentary 106 According to evidence of the marriage;90 (ii) information on paternity disputes arising from the ground, the such marriages where the cumbersome paternity is being denied by one procedures in of the parties.91 prison which makes it difficult to serve a divorce petition on husbands serving prison sentences is one of the reasons for the low number of divorces based on the imprisonment of husbands;

• On judicial divorce on harm: Evidence requirements for harm in divorce cases based on

98 Imogen Lambert and Nada Ramadan, “Who’s the daddy? Ezz, Zeina and Egypt’s Urfi marriages”, The New Arab, 2 July 2015, https://www.alaraby.co.uk/english/blog/2015/7/2/whos-the-daddy-ezz-zeina-and-egypts-urfi-marriages 90 Article 17 of Law No. 1/2000, pdf; Nathalie.20%واجراءات20%اوضاع20%بعض20%تنظيم20%قانون20%باصدار20%202000%لسنه20%201%رقم20%نقانو/https://www.egypt.gov.eg/arabic/laws/download Bernard-Maugiron, “Personal Status Laws in Egypt: FAQ”, (Promotion of Women’s Rights GTZ, Egypt, 2010), p. 17, http://www.gender-in-german- development.net/custom/images/contentBilderGalerie/bilderGalerie1000507/GTZ-BMZ-NWRO-IRD-Personal-status-laws-in-egypt-2010-EN.pdf 91 Nathalie Bernard-Maugiron, “Personal Status Laws in Egypt: FAQ”, (Promotion of Women’s Rights GTZ, Egypt, 2010), p. 17, http://www.gender-in-german- development.net/custom/images/contentBilderGalerie/bilderGalerie1000507/GTZ-BMZ-NWRO-IRD-Personal-status-laws-in-egypt-2010-EN.pdf 106 Information obtained from Egyptian advocate, February 2017

harm continue to be arbitrary and difficult to establish;107

• Access to Justice: Access to justice is difficult for many poor women. The cost of hiring lawyers is excessive; the time spent in court to get a court ruling on personal status matters is lengthy.108

According to media reports, the Egyptian government had prepared a draft law that would have restricted the right of a husband to unilateral divorce. However, the draft law was rejected by the Council of

107 Information obtained from Egyptian advocate, April 2017 108 Alliance for Arab Women, “Shadow NGO Report on Egypt”, Submission to the CEDAW Committee for the 55th Session, 2009, p. 17, http://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/EGY/INT_CEDAW_NGO_EGY_45_8670_E.pdf

Senior Clerics in Al- Azhar.109

Women’s financial rights after Generally, upon divorce, a woman On 15 May 1993, The Government of The couple may According to official divorce may be entitled to: (i) financial the SCC ruled on Egypt in its 2008 agree on the and civil society maintenance during the waiting the issue of mut’ah report to the division of assets reports as well as Is there a legal concept of matri- period after the divorce (iddah); compensation. A CEDAW Committee acquired during the academic monial assets? Is there equal di- and (ii) a consolatory compensa- woman required her reiterated that under marriage in the research:119 vision of marital property upon tion (mut’ah). There is no legal former husband to Egyptian law:116 marriage contract. dissolution of the marriage? Is the concept of matrimonial assets. A pay compensation For instance the • Joint ownership woman’s role as wife and mother woman’s contribution as wife and equivalent to 10 • The father is couple may agree of property recognised as contribution to the mother is not recognised even years of financial required to that:118 between acquisition of assets? What after long married life and having maintenance. The provide a suitable husbands and spousal maintenance are availa- taken care of the marital home man refused, dwelling for his • The wife will wives is very ble to the wife after a divorce? Is and raised their children.110 arguing that Article former wife and benefit of the property is very she entitled to maintenance dur- 18Bis of Decree their children as marital home rare; ing the waiting period after the Under Egyptian law, a woman Law No. 25/1929 long as she and/or assets in divorce (iddah)? Is she entitled to may be entitled to financial ran contrary to raises the event of divorce or • Feminist groups a consolatory gift or compensa- maintenance during the waiting Article 2 of the children; death; and have advocate for tion upon divorce (mut’ah)? Who period after the divorce (iddah). Constitution. the splitting of is responsible for the financial The maintenance amount is In its ruling, the SCC • The father must • The husband will assets maintenance of children following dependent on the husband’s drew a distinction fully pay the allocate a lump or accumulated a divorce? Can the couple agree financial capacity. The iddah peri- between absolute children’s a regular amount during the to the division of assets acquired od may not exceed one year.111 rules of Shari’ah and

109 Bethan McKernan, “Egyptian religious council rejects reform to law allowing men to verbally divorce their wives”, The Independent, 6 February 2017, http://www.independent.co.uk/news/world/middle-east/egypt-religious-council-law-reform-verbal-divorce-men-wives-gender-equality-abdel-fattah-al-sisi-a7565306.html; Egypt Independent, Verbal divorce bill to be ready in few days, in response to Sisi's call: MP, Egypt Independent, 26 January 2017, http://www.egyptindependent.com/news/verbal-divorce-bill-be-ready-few-days-response-sisi-s-call-mp 110 Nathalie Bernard-Maugiron, “Personal Status Laws in Egypt: FAQ”, (Promotion of Women’s Rights GTZ, Egypt, 2010), p. 10, http://www.gender-in-german- development.net/custom/images/contentBilderGalerie/bilderGalerie1000507/GTZ-BMZ-NWRO-IRD-Personal-status-laws-in-egypt-2010-EN.pdf 111 Articles 16-18 of Decree Law No. 25/1929, http://www.mohamoon.com/montada/Default.aspx?action=ArabicLaw&ID=11; Nathalie Bernard-Maugiron, “Personal Status Laws in Egypt: FAQ”, (Promotion of Women’s Rights GTZ, Egypt, 2010), p. 10, http://www.gender-in-german- development.net/custom/images/contentBilderGalerie/bilderGalerie1000507/GTZ-BMZ-NWRO-IRD-Personal-status-laws-in-egypt-2010-EN.pdf 116 Egypt State party report, U.N. Doc. CEDAW/C/EGY/ (2008), p. 75, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 118 Nathalie Bernard-Maugiron, “Personal Status Laws in Egypt: FAQ”, (Promotion of Women’s Rights GTZ, Egypt, 2010), p. 16, http://www.gender-in-german- development.net/custom/images/contentBilderGalerie/bilderGalerie1000507/GTZ-BMZ-NWRO-IRD-Personal-status-laws-in-egypt-2010-EN.pdf 119 Nathalie Bernard-Maugiron, “Personal Status Laws in Egypt: FAQ”, (Promotion of Women’s Rights GTZ, Egypt, 2010), p. 10, http://www.gender-in-german-

during marriage in the marriage relative rules of expenses; of money to his marriage by half contract? Can this stipulation be Article 18Bis of Decree Law No. Sha’riah. According wife if he divorces between spouses amended? If so, by who and on 25/1929 provides that a woman to the SCC, while • The father must her against her upon divorce; and what basis e.g. mutual consent? has a right to mu’tah the meaning of the pay the woman will. compensation if: (i) the marriage former does not child-support in • No effective Applicable CEDAW Provision has been consummated; (ii) she change with time exchange for her workable solution Articles 16(1)(c), 16(1)(h) did not consent to the divorce; or and space and they rearing of the has been found Paras. 30-33 GR21 (iii) the divorce was not due to any are not open to children. yet to the Paras. 34-35, 43-48 GR29 fault on her part. The amount of interpretation problem of non- the compensation may not be less (ijtihād), the The Egyptian payment of than two years of maintenance meaning of the latter government also maintenance and and is evaluated according to the may change with emphasised that a by husband's financial means, the time or space and woman does not husbands/fathers circumstances of the divorce and they are open to have corresponding as a result of the length of the marriage.112 interpretation and obligations with enforcement thus to the regard of these problems that the Following a divorce, the father is legislature’s matters.117 Fund faces. responsible for the financial intervention in the maintenance of his children if the way which it deems children do not have funds of their suitable. The SCC own. If the mother is the declared that there custodian, the father is obligated is no absolute rule to house both the mother and his of Shari’ah that children either in the marital home stipulates the or in a rented accommodation and amount of muta’a pay the mother maintenance to compensation. cover the expenses of his Instead, the related children. A daughter is entitled to rule of Shari’ah is maintenance until she is married relative and the or is able to earn sufficient income legislature is for her expenses, and a son is authorised to

development.net/custom/images/contentBilderGalerie/bilderGalerie1000507/GTZ-BMZ-NWRO-IRD-Personal-status-laws-in-egypt-2010-EN.pdf; Mulki Al-Sharmani, “Egyptian Family Courts: A pathway of Women’s Empowerment?”, (Hawwa, 7:2, 2009), pp. 89-110; Ombudsman’s Office (National Council for Women), “A Report on Women’s Problems in Family Courts”, (Cairo: Egypt: National Council for Women, Ombudsman’s Office, 2007) 112 Article 18Bis of Decree Law No. 25/1929, http://www.mohamoon.com/montada/Default.aspx?action=ArabicLaw&ID=11; Nathalie Bernard-Maugiron and Baudouin Dupret, “Breaking Up the Family: Divorce in Egyptian Law and Practice”, (Hawwa, 6:1, 2008), p. 10, https://halshs.archives-ouvertes.fr/halshs-00339503/document 117 Egypt State party report, U.N. Doc. CEDAW/C/EGY/ (2008), p. 76, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx

entitled to maintenance until he interpret it. The law reaches the age of 15 or until he took into is able to earn a living of his consideration the own.113 level of harm suffered by the Article 71 of Law No. 1/2000 woman, and this established a family insurance was in line with fund to be administered by the Shari’ah Nasser Social Bank (Fund). The principles.115 Fund is tasked to pay the court- ordered maintenance due by husbands/fathers to their former wives/children and also to collect the maintenance payments from husbands/fathers. If the husband/father is a government employee or salaried worker in the private sector, up to a maximum of 50% of his salary will automatically be deducted for the payment of court-ordered maintenance and be disbursed by the Fund to the former wife/children. If the husband/father is not a salaried worker, the Fund will pay a certain amount of money to the former wife/children and the husband/father will be required to deposit the maintenance

113 Article 18Bis-1, 18Bis-2 of Decree Law No. 25/1929, http://www.mohamoon.com/montada/Default.aspx?action=ArabicLaw&ID=11; Nathalie Bernard-Maugiron and Baudouin Dupret, “From Jihan to Susanne: Twenty Years of Personal Status Law in Egypt”, (Recht van de Islam, 19, 2002), p. 10, http://www.verenigingrimo.nl/wp/wp- content/uploads/recht19_dupret.pdf 115 Articles 18, 20 of Law No. 1/2000, pdf; Nathalie.20%واجراءات20%اوضاع20%بعض20%تنظيم20%قانون20%باصدار20%202000%لسنه20%201%رقم20%قانون/https://www.egypt.gov.eg/arabic/laws/download Bernard-Maugiron and Baudouin Dupret, “From Jihan to Susanne: Twenty Years of Personal Status Law in Egypt”, (Recht van de Islam, 19, 2002), pp. 9-10, http://www.verenigingrimo.nl/wp/wp-content/uploads/recht19_dupret.pdf

payments with Nasser Social Bank at the beginning of every month. The Fund will be financed by: (i) a contribution from the Financial Ministry; (ii) amounts recovered by delinquent husbands; (iii) administrative fees levied on the registration of marriages, divorces and births; and (iv) private donations. Article 79 provides that anyone who, through forged or bogus procedure or evidence, has received payments from the Fund will be criminally liable.114

Custody of Children A mother has priority right over Generally, the The Government of According to media the custody of her children until courts take into Egypt in its 2008 reports, an attempt Do parents have equal rights over they reach 15. Thereafter, the account the best report to the to reform the law the custody of their children? If daughter is given the option to interest of the child CEDAW Committee regarding custody of no, who has priority right over the remain with the mother until she when deciding who reiterated that The children in 2016, custody of the child? Is custody marries and the son, until he to award custody of mother is entitled to came under severe decided based on the best inter- reaches the age of civil majority the children. For raise the children criticism from est of the child? Do mothers au- (21).120 instance in Case until they reach age feminist groups due tomatically lose custody upon re- 211 of 2006, the 15. Thereafter, the to the apparent bias marriage or if she is deemed dis- A mother risks losing custody of mother sued the concerned child may in the reform in obedient or when the child reach- her children if she remarries.121 father, who had choose which parent favour of fathers. es a designated age when custo- physical custody of to live with. In such The proposed law

114 Articles 71-79 of Law No. 1/2000, pdf; Nathalie.20%واجراءات20%اوضاع20%بعض20%تنظيم20%قانون20%باصدار20%202000%لسنه20%201%رقم20%قانون/https://www.egypt.gov.eg/arabic/laws/download Bernard-Maugiron, “Personal Status Laws in Egypt: FAQ”, (Promotion of Women’s Rights GTZ, Egypt, 2010), pp. 6-7, http://www.gender-in-german- development.net/custom/images/contentBilderGalerie/bilderGalerie1000507/GTZ-BMZ-NWRO-IRD-Personal-status-laws-in-egypt-2010-EN.pdf 120 Article 20 of Decree Law No. 25/1929, http://www.mohamoon.com/montada/Default.aspx?action=ArabicLaw&ID=11 121 Article 20 of Decree Law No. 25/1929, http://www.mohamoon.com/montada/Default.aspx?action=ArabicLaw&ID=11; Nathalie Bernard-Maugiron, “Personal Status Laws in Egypt: FAQ”, (Promotion of Women’s Rights GTZ, Egypt, 2010), p. 10, http://www.gender-in-german- development.net/custom/images/contentBilderGalerie/bilderGalerie1000507/GTZ-BMZ-NWRO-IRD-Personal-status-laws-in-egypt-2010-EN.pdf; Mulki Al-Sharmani, “Recent Reforms in Personal Status Laws and Women’s Empowerment: Family Courts in Egypt”, 2008, p. 49, https://goo.gl/bp4MnO

dy goes to father? the children, for instances, the law is sought to enhance custody of her primarily concerned the father’s child Applicable CEDAW Provision children. The judge with the interest of custody rights, such Articles 16(1)(d), 16(1)(f) ruled that the the children.123 as granting him Paras. 19-20 GR21 children be given to immediate custody the mother, and the of his children upon father should pay for the remarriage of all administrative their mother and and lawyers’ fees. longer visitation The judge based his rights with his ruling on Article 20 children. However, of Decree Law No. similar 25/1929, which at enhancement of a that time had just mother’s child been amended to custody rights such stipulate that the as her ability to still mother’s priority have custody of her right to custody children despite her ends when both son remarriage was not and daughter reach included in the the age of 15 and proposed law.124 enabled a judge, after these ages, to allow a mother to continue to have custody of her son until he reaches the age of maturity, and the daughter, until she gets married without custody maintenance.122

122 Maha Muhammad Assad, “The Divinity of Personal Status Law in Egypt”, 2016, pp 31-32, http://dar.aucegypt.edu/bitstream/handle/10526/4795/The%20Divinity%20Of%20Personal%20Status%20Law%20In%20Egypt.pdf?sequence=3 123 Egypt State party report, U.N. Doc. CEDAW/C/EGY/ (2008), p. 76, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 124 Mai Shams El-Din, “Egypt’s child custody laws: How to reform?, Mada, 28 December 2016, http://www.madamasr.com/en/2016/12/28/feature/society/egypts-child-

Guardianship of Children A father has priority right over the The Government of guardianship of his children dur- Egypt in its 2008 Do parents have equal rights over ing and after a divorce until the report to the the guardianship of their children? children reach the age of civil ma- CEDAW Committee If no, who has priority right over jority (21). However, the father reiterated that a the guardianship of the child? Is may be deprived of guardianship man is required guardianship decided based on if he commits a crime against the to:126 the best interest of the child? child or is negligent.125 • provide a suitable Applicable CEDAW Provision dwelling for his Articles 16(1)(d), 16(1)(f) divorced ex-wife Paras. 19-20 GR21 and their children as long as she raises the children;

• fully pay the children’s expenses;

• pay the woman child-support in exchange for her rearing of the children.

A woman has no obligation in any of the aforesaid matters.

custody-laws-how-to-reform/; Salma Shukrallah, “Egypt MP’s proposal to revoke child custory for mother who remarry triggers backlash”, Ahram Online, 7 December 2016, http://english.ahram.org.eg/NewsContent/1/64/251494/Egypt/Politics-/Egypt-MPs-proposal-to-revoke-child-custody-for-mot.aspx 125 Reunite, “Summary Text for Egypt”, 2005, pp.3- 4, http://www.reunite.org/edit/files/Islamic%20Resource/EGYPT%20text.pdf 126 Egypt State party report, U.N. Doc. CEDAW/C/EGY/ (2008), p. 75, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx

Family Planning Abortion is strictly prohibited by The Government of According to World law, except when it is necessary to Egypt in its 2000 Bank data, the total Do women require the consent of save the pregnant woman’s life. report to the fertility rate the husband to practise family Thus:127 CEDAW Committee decreased from 6.6 planning, including abortions and explained that, children per woman sterilisation in law or in practice? • Article 260 of the Penal Code “Women and men in 1960 to 3.3 in provides that whoever who share full 2015.130 Applicable CEDAW Provision wilfully causes the abortion of a responsibility for all Articles 16(1)(e), 12 pregnant woman through matters arising from According to Egypt’s Paras. 21-23 GR21 assault or battery will be their marriage, 2014 Demographic punished with temporary hard including the and Health labour; maintenance and Survey:131 support of the family • Articles 261-262 subjects a unit and decisions • The median birth pregnant woman who about the number interval in Egypt is intentionally aborts her and spacing of their 36.7 months, with pregnancy as well as whoever children; the extent 20% of children who cause her to miscarry with and impact of this being born less or without her consent will be shared responsibility than 24 months subject to detention; and differ according to after their siblings; the educational and Article 263 provides that cultural background • 13% of married • 128 physicians, pharmacists, of each partner.” women have an surgeons and midwives who unmet need for perform an abortion are subject In its 2008 report to family planning to temporary hard labour. the CEDAW services, with 5% Committee, the having an unmet Egyptian need for spacing government again and 9% an unmet reiterated that need for limiting of generally spouses children;

127 Articles 260-263 Penal Code (1937), https://www.unodc.org/res/cld/document/criminal_code_of_egypt_english_html/Egypt_Criminal_Code_English.pdf 128 Egypt State party report, U.N. Doc. CEDAW/C/EGY/4-5 (2000), p. 89, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 130 World Bank, “Fertility rates, total (births per woman)”, http://data.worldbank.org/indicator/SP.DYN.TFRT.IN 131 Egyptian Ministry of Health and Population, El-Zanaty and Associates and the DHS Program, “Egypt Demographic and Health Survey 2014”, Tables 4.7, 6.1, 6.20, 15.10, pp. 47, 83, 82, 225, https://dhsprogram.com/pubs/pdf/FR302/FR302.pdf

“agree on the number of children • 59% of married they will raise based women are using on what they believe a method of best serves contraception, childrearing. Their with 57% of considerations in women using a this regard are modern method; particularly and influenced by the rise in the level of • Knowledge of at education. However, least one method some mothers and of family planning fathers persist in is universal several undesirable among married practices in this women in Egypt. regard, and it is difficult for the Government to intervene with measures or legislation to regulate this matter.” 129

Personal rights of spouses Article 54 of the Constitution A wife may stipulate According to Egypt’s provides that personal freedom is in the marriage 2014 Demographic Does a woman need the consent a natural right which is to be contract that she and Health of her spouse or guardian to work, safeguarded and cannot be has the right to work Survey:138 choose a profession, leave the infringed upon except in flagrante after marriage. If the 132 house, travel, drive, receive vari- delicto. marriage contract is • Only 16% of ous health services, study, etc. on explicit in this married Egyptian

129 Egypt State party report, U.N. Doc. CEDAW/C/EGY/ (2008), p. 76, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 132 Article 54 of Egypt’s Constitution of 2014, https://www.constituteproject.org/constitution/Egypt_2014.pdf

her behalf? Does a woman have Article 62 guarantees freedom of manner, her women were the right to retain her birth name movement of all citizens.133 husband cannot employed at the upon marriage or to choose her legally stop her from time of the survey; family name? Can a woman pro- Article 12 grants all citizens the working.136 134 tect her personal rights through right to work. • 29% of married her marriage contract? Married women in women earning Despite the constitutional Egypt may retain cash made Applicable CEDAW Provision provisions stating otherwise, their maiden independent Article 16(1)(g) Egyptian personal status laws names.137 decisions on how Para. 24 GR21 potentially restrict the personal to spend their Para. 34 GR29 rights of a Muslim wife as a result earnings; of the maintenance-for-obedience legal framework provided for by • 95% of married the law. A wife risks losing her women aged 15- 135 financial maintenance if she: 49 do not own a house while 98% • Refrains from giving herself to do not own land; her husband voluntarily with- among women out rightful reason; who do own assets, 2% and • Leaves the marital home with- 1% of women own out her husband’s permission; a house and land by themselves, • Goes out to work without her respectively; husband’s consent unless it is stipulated in the contract the • 59% of married she has the right to work and it women participate is decided by the court that either alone or her going to work is for legiti- jointly with their

138 Egyptian Ministry of Health and Population, El-Zanaty and Associates and the DHS Program, “Egypt Demographic and Health Survey 2014”, Tables 4.7, 6.1, 6.20, 15.10, pp. 47, 83, 82, 225, https://dhsprogram.com/pubs/pdf/FR302/FR302.pdf 133 Article 62 of Egypt’s Constitution of 2014, https://www.constituteproject.org/constitution/Egypt_2014.pdf 134 Article 12 of Egypt’s Constitution of 2014, https://www.constituteproject.org/constitution/Egypt_2014.pdf 135 Article 1 of Law No. 25/1920, Article 11Bis-2 of Decree Law No. 25/1929 http://www.mohamoon.com/montada/Default.aspx?action=ArabicLaw&ID=11 136 Pascale Fournier et al, “En-gender-ing Legal Reforms: Islamic Law in Africa and East Asia”, (Amsterdam Law Forum, 3:2, 2011), pp. 123-124, http://amsterdamlawforum.org/article/viewFile/213/405 137 Monika El Shorbagi et. al, “Study on Gender and Socio-Cultural Diversity in Egypt”, 2004, p. 12, http://open_jicareport.jica.go.jp/pdf/11785342.pdf

mate reasons and does not husband in contravene the husband’s making decisions rights and family welfare; pertaining to their own healthcare, • Refrains from obeying her major household husband unjustifiably and purchases, and without any right. visits to their family or relatives; and

• 36% of married women accept at least one reason as a justification for wife beating. Women are most likely to agree that if a wife goes out without telling her husband, it justifies wife beating (26%).

According to World Bank data, female labour force participation decreased from 26% in 1990 to 23% in 2016.139 Dur- ing the same period, male labour force participation rate

139 World Bank, “Labour force participation rate, female (% of female population ages 15+) (modelled ILO estimate)”, http://data.worldbank.org/indicator/SL.TLF.CACT.FE.ZS

increased slightly from 75% to 76%.140

According to the 2016 UNDP Human Development Report:141

• 55% of women over 25 have at least some secondary education as compared to 68% of men of the same age group;

• 92% of females aged 15-24 are able to read and write a short sim- ple sentence as compared to 95% of males in the same age group; and

• 65% of women and men are sat- isfied with their freedom of choice.

140 World Bank, “Labour force participation rate, male (% of male population ages 15+) (modelled ILO estimate)”, http://data.worldbank.org/indicator/SL.TLF.CACT.MA.ZS 141 UNDP, “Human Development Report 2016”, Tables 5, 9, 14, pp. 214-217, 230-233, 250-253, http://hdr.undp.org/sites/default/files/2016_human_development_report.pdf

Inheritance rights Generally, inheritance rights According to media between women and men are reports:145 Are women and men in the same unequal. Article 875 of the Civil degree of relationship to a de- Code provide for inheritance laws • Tradition and ceased entitled to equal shares in to be based on Shari’ah.142 Law custom, especially the estate and to equal rank in the No. 77/1943 details the inher- in rural areas like order of succession? Are there itance shares. In many instances, Upper Egypt, procedures to address any ine- for example in the cases involving deprive women qualities in inheritance between widows and widowers as well as from their right to women and men e.g. can a will be siblings, a woman is entitled to own or manage written, can beneficiaries agree to half the share of a man.143 any financial or inherit equal shares of the estate land inheritance; or can the children agree to forgo The children of a parent who has their inheritance in favour of their predeceased their own parent (i.e. • The Egyptian gov- mother upon the death of their the children’s grandparent) can ernment is consid- father? inherit from their grandparent ering amending the 144 through an obligatory bequest. inheritance law to Applicable CEDAW Provision punish anyone who Paras. 34-35 GR21 deliberately denies Paras. 49-53 GR29 inheritance to those entitled.

Violence against women in the Article 11 of the Constitution According to a me- According to the According to Egypt’s family commits the State to:146 dia report, in Janu- Government of 2014 Demographic ary 2015, a doctor Egypt in its 2008 and Health 155 Are there laws that define what • Protect women against all was convicted for report to the Survey:

142 Article 875 of the Civil Code (1948), http://www.wipo.int/wipolex/en/text.jsp?file_id=205494 143 Law No. 77/1943, https://goo.gl/YRHSNh; Riad & Riad Law Firm, “Women’s Rights under Egyptian Law” , 2016, p. 5, http://www.riad- riad.com/storage/app/media/womens-rights-under-egyptian-law.pdf 144 Nadjma Yassari, “Intestate Succession in Islamic Countries”, in Comparative Succession Law: Vol. II: Intestate Succession, eds. Kenneth Reid, Marius de Waal, Reinhard Zimmermann, (Oxford: Oxford University Press, 2015), pp. 436-437 145 N.A. Hussein, “Egypt pushes inheritance protections for women”, Al-Monitor, 3 March 2017, http://www.al-monitor.com/pulse/originals/2017/02/egypt-women-rights- inheritance-law-society-culture-tradition.html; Walaa Hussein, “Inheritance plan could be game-changer for Egypt women”, Al-Monitor, 11 July 2016, http://www.al- monitor.com/pulse/originals/2016/07/egypt-inheritance-rights-women-disputes-courts.html 146 Article 11 of Egypt’s Constitution (2014), https://www.constituteproject.org/constitution/Egypt_2014.pdf 155 Egyptian Ministry of Health and Population, El-Zanaty and Associates and the DHS Program, “Egypt Demographic and Health Survey 2014”, Tables 16.3, 16.8, 16.12, pp. 233, 240, 244, https://dhsprogram.com/pubs/pdf/FR302/FR302.pdf

constitute domestic violence such forms of violence; involuntary man- CEDAW Committee, as battery, female circumcision, slaughter after he Egypt has adopted • Overall, 30% of marital rape and other forms of • Protect and care for had performed fe- the definition of married women sexual assault and violence that motherhood, childhood and male genital mutila- violence against aged 15-49 affect a woman’s mental health breadwinning, elderly women, tion (FGM) on So- women as contained reported having which are perpetuated by tradi- and women most in need. hair al-Batea, a 13- in experienced tional attitudes? Is there specific year-old girl, who Article 1 the emotional, legislation that recognises domes- Egypt has not adopted specific died as a result. The Declaration on the physical and/or tic violence as a crime? Is the legislation to criminalise acts of doctor was the first Elimination of sexual violence husband allowed to discipline his domestic violence. doctor in Egypt to be Violence against from their spouse wife? Can a suspected perpetra- convicted for a Women, namely, at least once, and tor marry his alleged abused vic- The Penal Code contains some crime related to “Violence against 19% reported tim to avoid punishment? Are general prohibitions that are FGM. However, alt- women means any having there support services for women applicable to domestic violence. hough he was sen- act of gender-based experienced one who are the victims of aggression For instance, the Penal Code:147 tenced to two years violence that results or more of these or abuses? and three months in, or is likely to forms of violence • Article 242B provides that an- imprisonment, he result in, physical, in the past 12 Applicable CEDAW Provision yone who causes injury was released after sexual or months; GRs 12 & 19 through performing female only serving three psychological harm 152 Para. 40 GR21 genital mutilation will be jailed months in jail. or suffering to • 19% of married or fined;148 women, including women aged 15- threats of such acts, 49 reported • Article 267 provides a penalty coercion or arbitrary having of permanent or temporary deprivation of experienced hard labour in rape case. A liberty, whether emotional rapist who is related to the vic- occurring in public violence from their 153 tim, her guardian, her employ- or in private life”. spouse at least er or has any form of control once, and 13% over the victim will be pun- The Egyptian reported having ished with hard labour;149 government has experienced such

147 Penal Code (1937), https://www.unodc.org/res/cld/document/criminal_code_of_egypt_english_html/Egypt_Criminal_Code_English.pdf; Egypt: Domestic violence; whether there is state protection for the victims; existence of women’s groups, shelters or hot-lines (2001), http://www.refworld.org/docid/3df4be2d14.html 148 National Population Council, “The National FGM Abandonment Strategy (2016-2020)”, p. 5, http://www.npc.gov.eg/images/pdf/E%20Strategy%20final%20Light.pdf 149 Article 267 of the Penal Code (1937), https://www.unodc.org/res/cld/document/criminal_code_of_egypt_english_html/Egypt_Criminal_Code_English.pdf 152 Ruth Michaelson, “First Doctor Convicted of FGM Death in Egypt only Spent Three Months in Jail”, The Guardian, 2 August 2016, https://www.theguardian.com/world/2016/aug/02/egyptian-doctor-convicted-of-fgm-death-serves-three-months-in-jail

developed a violence within the • Article 268 provides for a pen- national strategy to 12 months prior to alty of three to seven years eliminate FGM by the survey; hard labour for a perpetrator 2030.154 who indecently assaults a vic- • 25% of married tim by force or threat. Where women aged 15- the victim is under 16, or the 49 reported perpetrator falls under the cat- having egory listed in Article 267 (i.e. experienced he is the victim’s guardian, physical violence etc.), he will be punished with from their spouse the maximum sentence of at least once, and temporary hard labour;150 14% reported having • Article 290 prescribes the experienced such death penalty for the kidnap- violence within the ping of a woman through de- 12 months prior to ception or by force if the victim the survey; is raped.151 • 4% of married The Criminal Code does not women aged 15- specifically criminalise martial 49 reported rape. However, Article 267 may having be applicable in such cases. experienced sexual violence from their spouse at least once, and 3% reported having

153 Egypt State Party Submission to CEDAW Committee (2008), p. 76, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 150 Article 268 of the Penal Code (1937), https://www.unodc.org/res/cld/document/criminal_code_of_egypt_english_html/Egypt_Criminal_Code_English.pdf 151 Article 290 of the Penal Code (1937), https://www.unodc.org/res/cld/document/criminal_code_of_egypt_english_html/Egypt_Criminal_Code_English.pdf 154 National Population Council, “The National FGM Abandonment Strategy (2016-2020)”, http://www.npc.gov.eg/images/pdf/E%20Strategy%20final%20Light.pdf; Ruth Michaelson, “First Doctor Convicted of FGM Death in Egypt only Spent Three Months in Jail”, The Guardian, 2 August 2016, https://www.theguardian.com/world/2016/aug/02/egyptian-doctor-convicted-of-fgm-death-serves-three-months-in-jail Egyptian Streets, “Egypt will ‘Eradicate Female Genital Mutilation by 2030: Health Minister”, Egypt Streets, 6 February 2016, https://egyptianstreets.com/2016/02/06/egypt-will-eradicate-female-genital-mutilation-by- 2030-health-minister/

experienced such violence within the 12 months prior to the survey;

• Among married women who had experienced spousal violence (physical or sexual) in the past 12 months, 44% reported experiencing physical injuries; and

• It is fairly uncommon for women in Egypt to seek assistance from any source for violence they have experienced. 48% of women never sought help and never told anyone about the violence they have experienced.

An academic research found that mediation specialists, court experts, lawyers, and judges often

defined spousal sexual abuse in narrow exclusive categories, namely: if husbands had anal sex with their wives or if they abstained from having sexual relations with them for a long period of time. Female disputants who were interviewed for this study, on the other hand, identified forced sexual intercourse and sexual relations that are accompanied by emotional maltreatment as a serious form of a spousal sexual abuse.156

Nationality rights An Egyptian man may pass his The Government of nationality to his non-Egyptian Egypt in its 2008 Does a wife have the right to con- wife, provided she meets various report to the fer her citizenship on foreign hus- conditions.157 The law does not CEDAW Committee bands and children? Can the na- specifically provide for an Egyp- explained that Egypt tionality of an adult woman be tian wife to confer her nationality withdrew its arbitrarily removed because of to her foreign husband. The for- reservation to Article marriage or dissolution of mar- eign husband of an Egyptian 9 of CEDAW after

156 Mulki Al-Sharmani, “Recent Reforms in Personal Status Laws and Women’s Empowerment: Family Courts in Egypt”, 2008, p. 50, https://goo.gl/bp4MnO 157 Articles 6, 7 of the Egyptian Nationality Law (1975), http://www.refworld.org/docid/3ae6b4e218.html

riage or because her husband or woman may acquire Egyptian na- amending the father changes his nationality? tionality through naturalisation i.e. promulgation of Law only by decree and only if he: (i) No. 54/2004 which Applicable CEDAW Provision has lived in Egypt for at least 10 allowed Egyptian Article 9 consecutive years; (ii) does not women to transfer Para. 6 GR21 suffer from any physical or mental their citizenship to disabilities; (iii) is morally upright; their children.161 (iv) has sufficient knowledge of the Arabic language; (iv) has legal means of earning a living.158

An Egyptian mother or father may pass their citizenship to their children regardless of whether they are born in Egypt or abroad.159 Where a child is born of an Egyp- tian mother and a non-Egyptian father, an application for Egyptian nationality may be made in accordance with the procedure laid out in the Minister of Interior De- cree No. 12025/2004.160

158 Article 4(5) of the Egyptian Nationality Law (1975), http://www.refworld.org/docid/3ae6b4e218.html; Abdeen Kandiel, “Gender and Migration: The case of Egypt”, (Analytic and Synthetic Notes: Gender and Migration Series – Legal Module, CARIM-AS 2011/14, 2011), p. 6, http://cadmus.eui.eu/bitstream/handle/1814/15599/CARIM_ASN_2011_14.pdf 159 Article 2 of the Egyptian Nationality Law (1975), http://www.refworld.org/cgi-bin/texis/vtx/rwmain?docid=58bebc444 160 Minister of Interior Decree No. 12025/2004, http://www.refworld.org/docid/432aaab74.html; Abdeen Kandiel, “Gender and Migration: The case of Egypt”, (Analytic and Synthetic Notes: Gender and Migration Series – Legal Module, CARIM-AS 2011/14, 2011), pp. 5-6, http://cadmus.eui.eu/bitstream/handle/1814/15599/CARIM_ASN_2011_14.pdfb6a46.html 161 Egypt State party report, U.N. Doc. CEDAW/C/EGY/ (2008), p. 11, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx