A new draft of Egypt’s Personal Status Law, covering issues like marriage, divorce, custody, and guardianship, has been finalized on 1 January, 2025. It is currently awaiting approval by the House of Representatives, according to Counselor Abdel Rahman Mohamed, head of the drafting committee.
After the finalization of the draft law, it will be submitted to the Council of Ministers for review and revision before presenting it for public consultation. Once adjusted and approved, it will be referred to the House of Representatives.
The new law, comprising 355 articles, is designed to modernize Egypt’s family laws and ensure fairer outcomes for all parties involved, especially in cases of divorce and child custody. Sixty articles in the law also address procedural and regulatory issues that apply to both Muslims and Christians, covering matters like alimony, visitation, and child-related disputes.
Key Changes in Child Custody, Guardianship and Divorce
A central feature of the new law is its approach to child custody. Under the current system, the mother is given custody first, followed by a series of maternal relatives in a set order.
The new law simplifies this hierarchy, placing the mother first for custody, followed by the father in second place. This is a significant shift, as the father was previously ranked 16th in the order.
In cases where the father passes away, the mother will be the primary guardian of her children. The law also sets the custody age at 15 years for both boys and girls, allowing children to stay with their custodial parent until they marry.
The draft law also addresses verbal divorces, which, under the new rules, must be documented within 15 days. In classical Islamic law, it refers to the husband’s right to dissolve the marriage by simply announcing to his wife that he divorces her.
If the husband fails to formalize the verbal divorce, he faces criminal penalties, and the divorce will have no effect on matters such as alimony or inheritance. In cases where the husband dies without notifying the wife of the divorce, the wife will still have the right to inherit.
Another key aspect of the draft law is its regulation of visitation rights, which govern a parent’s access to their child after divorce. The new law limits visitation to a specific period each week and annually, ensuring more structured arrangements.
Fathers are entitled to visitation for about 10 hours per month and approximately 15 days per year, with visits taking place in state-approved locations or those provided by the state.
The law also includes provisions for electronic visitation, enabling remote interactions, especially for parents who are ill or living abroad.
If a mother refuses to allow the father to see the children despite him fulfilling his financial obligations, custody may be transferred to him. Similarly, if the father refuses to return the children after visitation, he will be prohibited from future visits.
The law also introduces new powers for judges to handle urgent family matters more swiftly. It establishes a single court system to address all family disputes, streamlining the legal process for families. This move is aimed at reducing delays in family lawsuits, which have long been a point of contention.
When Did the Draft Law Process Begin?
The reform process for the draft law began in June 2022 when President Abdel Fattah Al-Sisi directed the formation of a committee of experts to draft a new Personal Status Law that would address the issues arising from outdated family laws. Despite an initial deadline of October 2022, the committee was given more time to refine the draft.
Throughout the process, the committee received 4,733 proposals from the public, including input from men, women, institutions, and political parties. In December 2022, President El-Sisi met with the Minister of Justice to discuss the progress of the reform, leading to the establishment of a Family Care Fund to support the law’s implementation.
