Egyptian Parliament Debates Family Law Reform

Janaína Albuquerque

Jul 22

2 min read

Updated: Jul 22

Egyptian President Abdel Fattah el-Sisi has proposed a legislative reform aimed at modernizing the country's Personal Status Law, introducing changes to the legal framework governing marriage, divorce, maintenance, and child custody. One of the proposal's defining features is its departure from the traditional religious concepts that underpin the current legislation.

The proposal has been met with resistance, with critics arguing that it conflicts with Sharia principles and may therefore be inconsistent with Islamic law. At the same time, the government has received support from civil society groups, particularly organizations advocating for women's rights.

The draft legislation was finalized on 1 January 2025 and, under the legislative process, will first be reviewed by the Council of Ministers before being released for public consultation. Once revised and approved, it will then be submitted to the House of Representatives.

Divorce: Under the current legal framework, verbal divorce is recognized, allowing a husband to unilaterally pronounce a divorce, which is considered legally valid. Under the proposed reform, verbal divorces would have to be officially registered within two weeks. Failure to do so could result in criminal penalties for the husband, and the divorce would have no legal effect with respect to maintenance or inheritance rights.

Child custody: Under the proposed hierarchy of custody, the mother would remain the primary custodian of the child, followed immediately by the father. Under the current law, however, the father ranks sixteenth in the statutory order of custodians.

Parental contact: The proposal provides for 10 hours of contact per month with the non-residential parent, or approximately 15 days per year. It also introduces provisions governing virtual contact, particularly for parents living abroad. In addition, the right to contact would be conditional upon the payment of child maintenance. If the mother unjustifiably refuses to facilitate contact between the child and the father, custody may be transferred. Conversely, if the father refuses to return the child following contact, his parental rights may be restricted.

Property division: The proposal grants courts the discretion to review the division of marital assets where one spouse's efforts have demonstrably contributed to the enrichment of the other. It also introduces a form of "divorce insurance," under which wives may be entitled to financial compensation if the marriage ends in divorce.

Specialized family court procedures: Finally, the bill grants judges broader powers to resolve urgent family matters more efficiently. It establishes a single-judge system with jurisdiction over all family disputes, simplifying family court proceedings. The measure is intended to reduce delays in family litigation, an issue that has long been the subject of significant criticism.

Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. If you require guidance regarding your specific circumstances, please consult a qualified legal professional.