Copyright 2000 InterPress Service, all rights reserved.
Worldwide distribution via the APC networks.
*** 28-Mar-0* ***
Title: RIGHTS-EGYPT: The Right To Freedom
By Hossam Hassan
CAIRO 28 Mar (IPS) - A new law, the Personal Status Law, which
allows women easier access to divorce and the right to apply to
the courts for permission to travel alone, has been applauded by
women and human rights activists.
However there has been condemnation from some laywers, the
media and the male dominated society. One newspaper even
described it as 'the beginning of the breakdown of the family'.
According to Egyptian law, which is a blend of Islamic and
French laws, a married woman could not travel abroad alone if her
husband did not approve and divorces can take up to 10 years to
obtain.
Nagad Al-Bora'i, head of the Organisation of Democratic
Development, a prominent human rights organisation, has praised
the law. He says giving women more rights to decide their personal
life, was definitely a step forward.
The new law, intended to facilitate personal status litigation,
took effect from March 1. There are over 1.5 million divorce cases
filed in the Egyptian Courts, and legal sources say that due to
routine and slow procedures, most cases can take up to a decade
to
be heard.
According to the new law a woman can apply for khul', which is
the right to obtain a divorce without her husband's consent, by
foregoing her financial rights.
However, womens groups are not happy with the fact that in
order to attain freedom women have to give up financial rights.
"When it comes to her own freedom, a woman can forego her
financial rights in exchange of getting a divorce. Although it is
a major sacrifice, many wives feel they have no other choice to
regain their freedom and get rid of a mean, violent or maybe even
impotent husband," says activist Nawal Al-Saadawy.
Hanaa Eid, a woman in her early 30's with two children aged
five and seven, has applied for khul' without the assistance of a
lawyer. After eight years of marriage, Hanaa says she had 'had
enough'. "I felt like I had gone through every possible pain and
degradation and enough was enough," she says.
The fact that she has to give up her financial rights, despite
her modest resources, has not deterred Hanaa. "He does not
contribute a single piastre (the smallest Egyptian currency) to
the household. I pay for everything and we have no home but my
father's. So what is the difference?" she sighed.
Hanaa is desperate to 'get it over and done with' so that she
can apply for welfare benefits as a female heading a household
with no regular source of income.
She says she has been a regular at the courts for the past four
years trying to get a divorce under the old system but to no
avail. "My husband would not turn up for hearings and the case
would be postponed. I don't even know where he is anymore," she
said.
The first week of the month saw a steady flow of applications
for khul' across the nation. By mid March Cairo's Zananeiri
Personal Status Court alone had received over 3.000 applications.
The law has, however, triggered a controversy among the
religious conservatives and the male sector of the community.
"Conservative forces are backed by the power of religion and
the Constitution, which stipulates that Islam is the state
religion and that the Shari'a (Islamic Laws) its primary source of
legislation," says activist Farida Al Naqqash.
She says specialists in Islamic jurisprudence have agreed
'virtually unanimously' that the law conforms with the principles
of Shari'a.
"The debates show that the Shari'a has never been the issue.
The issue is the patriarchal or class desire for control exhibited
by most men.
"Even university professors and lawyers were enraged by the
possibility that women could share men's right to divorce. The
discourse of ownership overrode considerations of justice and
equality that make up the ethical framework of the Qur'an (the
Muslim Holy Book)," said Al-Naqqash.
Several lawyers have come out against giving women the power to
get a divorce so easily. They have expressed hope that the
executive statutes, which have not yet been released and which
provide guidelines on the usage of the law, will introduce some
restrictions.
They say the fact that the men cannot appeal against khul' is
unconstitutional because it means giving women the exclusive right
while ignoring the defence and point of view of the husband.
According to Islam a man is allowed to marry as many as four
wives at a time and he can easily get a divorce by uttering the
phrase "I divorce you" three times. Custody of the children is
usually granted to the woman unless she re-marries or is proved by
her ex-husband, in a lawsuit, of being promiscuous.
Scoffed one lawyer: "I donot understand why all these women
keep asking us to seek khul' for them. What kind of a man would
agree to marry a woman who got divorced by means of khul'?"
Hassan El-Meleighi, a lawyer, says the problem with khul' is
that "any woman can ask for a divorce with or without
justification".
He said women involved in relationships with other men, or who
no longer want their husbands "because they don't love them" can
just go and apply for divorce, he says.
Sayed Tantawi, Egypt's Grand Sheikh of Al Azhar, the highest
Sunni Muslim authority, confirmed that the new law agrees with
Islamic laws. "Khul' was known and approved by our Prophet
Mohammed when a woman wants to get her freedom because she
cannot keep her marriage to a husband she hates," he said.
Mahmoud El-Baroudi, deputy secretary general of the Zananeiri
Court says the fact that the executive statutes have not yet been
issued has not affected the number of applications from pouring
in. He said the statutes would be issued by April 1.
"Lawyers keep on citing reasons for khul' such as harm
inflicted by the husband or the non provision of essentials. These
are not necessary. All that is required is for the lawyer to argue
that the woman does not want to be married to her husband
anymore - that is enough for her to get her freedom," he said.
(END/IPS/hh/sm/00)
Origin: Harare/RIGHTS-EGYPT/
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[c] 2000, InterPress Third World News Agency (IPS)
All rights reserved
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