Egypt To Draft New Marriage Law For Non-Muslims - June 14, 2010

In keeping with Egyptian law, in March 2008 a court ruled in two separate cases that Coptic Christian men could divorce their wives and remarry.  Divorce is not allowed in Coptic Christianity, except for adultery, but was granted in these cases because Egyptian marriage laws permit divorce by Christians if the husband and wife are from different denominations.

Egypt’s Coptic Church has long called for changes to this law.  Divorce is an accepted practice in Egypt’s Muslim community but is illegal for Christians if husband and wife are from the same sect.  For example, if a Catholic is married to another Catholic, or a Copt to another Copt, divorce is not permitted.  But if a Catholic is married to a Coptic Christian, their marriage is covered by Islamic law and divorce is permissible.

The court’s decision to allow Coptic Christians to divorce and remarry has drawn resistance from the head of the Coptic Orthodox Church, Pope Shenouda.  The ruling caused anger within the Coptic community because it was viewed as the courts challenging the church’s efforts to hold sway over its flock in Muslim dominated Egypt.  Christians, mostly Orthodox Copts, make up 10% of Egypt’s 78 million people.  The Copts trace their roots to St. Mark’s arrival in Alexandria.

What the Coptic Church is asking for is that there be one marriage law for Muslims, and a second for Christians of all denominations.

According to Reuters, relations between Muslims and Christians in Egypt are generally calm, but have occasionally turned violent over issues such as land and inter-faith marriages.  Christian human rights groups, however, see an increasing danger towards Copts from Egyptian courts.  This past February, a court acquitted four Muslims who had been accused of murdering a Copt, even though the victim’s daughter was present at her father’s murder and testified to what she witnessed.  Assyrian International News Agency reported at the time that “according to media reports, most people who witnessed the shootings in the market place refused to come forward for fear of vengeance from the assailants' family. There were false witnesses who confirmed that the killers were present at work.”

The state-run al-Akhbar newspaper reported that in an attempt to calm the latest dispute brought on by the 2008 court ruling on marriage “the Egyptian Minister of Justice Mamdouh Marie has decided to form a committee to prepare a personal draft law for Christians and non-Muslims.”  It should be ready to be presented to the Egyptian parliament within 30 days. 

Coptic lawyer and activist Mamdouh Ramzi said the church has proposed a unified personal law since the 1980s. "We don't need a new law, we need to put the old (proposed) one into practice," he said.

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