By Masr 360 –
Contrary to the expectations of Christian denominations in Egypt, the current parliamentary session ended without the draft Personal Status Law for Christians being submitted, despite Copts anticipating its official release last July.
This delay came even though sessions of the “community dialogue” at the Ministry of Justice concluded in February at the ministry’s headquarters in the New Administrative Capital, and despite optimistic statements made by Justice Minister Adnan Fanjari about full Christian consensus on the law. Still, undisclosed reasons prevented its submission to Parliament before the session ended.
A Law Decades in the Making
The current draft—prepared by representatives of the Coptic Orthodox, Evangelical, Catholic, Greek Orthodox, and Anglican churches—is the third attempt at such legislation since 1978.
Member of Parliament Ihab Ramzy said the draft has not yet reached Parliament for discussion and remains at the Ministry of Justice. According to him, parliamentary action is likely contingent on the discussion of the Muslim Personal Status Law, which takes priority.
Discussions between the participating churches on the final version of the law have gone on for around 11 years, beginning in 2014. In 2023, President Abdel Fattah al-Sisi instructed the Ministry of Justice to include all Christian churches and officially recognized Christian denominations in the dialogue.
Praise for the Draft
Youssef Talaat, the Evangelical Church representative on the Personal Status Law Committee, did not provide a clear reason for the law’s suspension at the Ministry of Justice. However, he speculated that it might be linked to efforts to pass it in parallel with the Muslim Personal Status Law.
The delay comes amid growing frustration within Coptic circles, especially after the case of broadcaster Atef Kamel, who died following a court ruling sentencing him to 10 years in prison after a court case by his divorsed second wife. The incident sparked public outrage and questions about how he had received permission for a second marriage.
MP Fredi El-Bayadi remarked that postponing the law would deeply disappoint thousands of Christians stuck in court cases—waiting for divorce permits, marriage approvals, inheritance rulings, and more.
Talaat also denied that state authorities requested any amendments to the final draft, stating that relevant government councils had approved the text.
Why the Delay?
Dr. Nader El-Sirafy, an expert on Christian personal status issues, said the delay is mainly due to the absence of the Muslim Personal Status Law—which is considered “general law” and applies in cases where the Christian law has no provisions on shared civil matters such as: legal capacity, guardianship, custody and matrimonial property and dowries
El-Sirafy, a long-time advocate for the right of Copts to divorce, added that Parliament’s failure to receive the bill may also relate to ensuring its constitutional legitimacy and uniform application, meaning it must apply equally to all Christians in Egypt without one denomination receiving special treatment.
He also noted that although leaked reports claimed the law expanded divorce rights, the final version may not be as flexible as rumored. For example, it might only allow divorce after a three-year separation, a purely chronological condition, not based on substantive grounds, which could conflict with legal principles under the Code of Civil Procedure.
“Copts Await a Law That Never Comes”
According to Counselor Mounsef Suleiman, the Orthodox Church’s representative on the committee, the current draft lists 11 grounds for annulment of marriage, including:
- Fraud or deception
- Lack of consent
- One spouse below legal marriage age
- Prohibited degrees of kinship
- Bigamy (existing unresolved marriage)
- Murder of a spouse to facilitate remarriage
- Marriage to a person of a religion or sect not recognized by the Church
- Severe mental illness
- Concealment of essential information
- Spousal disappearance or presumed death
The idea of creating a unified personal status law for Christians dates back to a 1977 meeting between Pope Shenouda III and the heads of other churches. It was redrafted in 1988 and approved “in principle” by the Ministry of Justice.
MP Fredi El-Bayadi questioned the ongoing delay, noting that many churches still operate under extremely old internal regulations—such as the Evangelical Church bylaws of 1904, or the Orthodox Church bylaws of 1938
He added that all churches have already agreed on the final draft, community dialogue has taken place, and yet no official reason has been provided for the non-release.
Marriage, Divorce, and Ecclesiastical Courts
According to Church laws, marriage in Egypt occurs in two stages: Ecclesiastical (church) wedding ceremony, to be followed by registration with the Ministry of Justice’s notarization office (Shahr al-Aqari)
However, civil divorce rulings from court are not recognized unless approved by the Ecclesiastical Council (al-Maglis al-Iklīrikī). This has left thousands of Christians in legal limbo, unable to remarry.
Bishop Paula of Tanta, head of the Ecclesiastical Council, explained that the new draft law differs from the 1938 bylaws in that it now respects variations between denominations. Yet, it also includes shared provisions, as long as they do not contradict doctrine.
He said the 1938 regulations—annulled in 2008—had allowed eight grounds for divorce, which contradicted Church teachings. In contrast, the new draft is constitutionally compliant, acceptable to both the State and churches, and aligned with Scripture and canon law.
According to the Orthodox Church representative, divorce will be permissible under the following conditions:
- Adultery (actual or proven)
- Conversion of one spouse from Christianity to another religion or to a non-recognized sect (e.g. Mormons)
- Homosexual acts
- Unnatural sexual relations within marriage
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