Egypt drafts sweeping 355-article Family Law to overhaul century-old personal status regulations

“Egypt’s Cabinet approved a draft unified Family Law on Wednesday, consolidating five fragmented, century-old legislations into a single 355-article code aimed at reducing domestic disputes and simplifying litigation procedures. Prime Minister Mostafa Madbouly stated the government is completely open to any opinions or amendments proposed by parliament regarding the legislation. The approval follows directives from President Abdel Fattah Al-Sisi to expedite the weekly referral of family law drafts for Muslims and Christians, alongside the Family Support Fund, to the legislature. Madbouly noted this is the second of three planned family bills, with the final draft scheduled for discussion at a subsequent Cabinet meeting. The newly approved text was drafted over a year during more than 40 working sessions by a committee of specialised male and female judges. Adhering to Islamic Sharia as the primary source of legislation under Article 2 of the Constitution, the law aims to protect family stability (Article 10) and ensure children’s best interests (Article 80) in line with the International Convention on the Rights of the Child. It also seeks to guarantee equality between men and women while protecting women from all forms of violence (Article 11). The comprehensive law serves as a unified guide, featuring six issuance articles, excluding the publication article, and 355 substantive articles. These are divided into three sections: personal guardianship, financial guardianship for all Egyptians addressed by its provisions, and litigation procedures before family courts. Justice Minister Mahmoud Helmy El-Sherif said the primary goal is to simplify procedures, limit family conflicts, and promote amicable resolutions. A key addition is a marriage contract annex detailing agreements on the marital home and financial matters. This annex will carry the force of an executive document, allowing parties to submit it directly to the court’s execution department. The draft regulates an insurance policy for individuals preparing for marriage and prioritises family stability by mandating that couples be educated about the risks of divorce and khula to encourage reconciliation. For child custody, the law introduces electronic visitation systems for cases where physical visitation is impossible, ensuring the child receives care from both parents. El-Sherif emphasised that the child’s best interest serves as the compass guiding all court decisions, including hearing locations and the attendance of minors to hear their statements. To ease the financial and administrative burden on litigants and the state, plaintiffs must now include all claims for alimony, wages, and expenses in a single lawsuit before one court, rather than filing multiple cases. These lawsuits will remain exempt from all judicial fees across all stages of litigation. Furthermore, upon the filing of such claims, the family prosecution will be responsible for taking the necessary steps to determine the defendant’s actual income. The bill establishes dedicated execution departments within each primary court solely for enforcing family court and prosecution rulings to accelerate the process. It also mandates the inclusion of sign language for offer and acceptance in marriage and divorce contracts to protect the rights of persons with disabilities, in accordance with Article 81 of the Constitution. El-Sherif highlighted the integration of information technology for judicial notices, electronic applications for financial guardianship and the stripping thereof, and a digital link between family courts, prosecutions, the Family Support Fund, and related entities to track and implement rulings. “This law is, in many of its newly introduced provisions, a true translation of established judicial precedents and current reality, and is in essence taken from the provisions of Islamic Sharia,” El-Sherif said. “This law is an important step towards developing the personal status system in a manner that suits the challenges of the era.” He concluded that the success of the law depends not only on its text, but on its proper application, societal awareness of its objectives, and the commitment of all parties to its spirit rather than just its letters. The post Egypt drafts sweeping 355-article Family Law to overhaul century-old personal status regulations first appeared on Dailynewsegypt .

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