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Al-Ahram Weekly 24 - 30 August 2000 Issue No. 496 
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Published in Cairo by AL-AHRAM established in 1875 |
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Al-Ahram Weekly 24 - 30 August 2000 Issue No. 496
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| Published in Cairo by AL-AHRAM established in 1875 |
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Egypt Region International Economy Opinion Culture Features Travel Living Sports Profile People Time Out Chronicles Cartoons Letters I do, I don't
By Amina ElbendarySince last autumn the new Personal Status Law, which was finally promulgated in March, has preoccupied the public. Most of the attention focused on the by now famous -- or infamous -- khul' clauses, which allow wives to divorce in return for surrendering all or part of their financial rights. Construed as a threat to traditional patriarchal domination, the khul' clauses have come under fire from conservatives and traditionalists but were welcomed by liberals and feminists. And in the midst of what quickly escalated into a sensationalist controversy, issues such as the new marriage and divorce forms sank into oblivion.
The new forms were issued on 16 August. So far ma'zouns (sheikhs in charge of notarising marriage and divorce contracts) appear confused, with many believing the new forms are not that much different from the old ones. In fact, only a few have actually received the new registers. Most have heard about them through word of mouth and through press reports and have yet to receive official instructions on how to use them. The ma'zouns of Doqqi, Zamalek, and Shubra El-Kheima had until yesterday yet to receive the forms.
Under the new system, and in order to curtail fraud, five photos of the bride and groom are to be fixed to the form together with their thumbprints and the authorising signature of the ma'zoun. "But what of marriages contracted by proxy, through a legal representative, in the absence of one of the parties?" asks Ahmed Abdel-Ghaffar, ma'zoun of Zamalek. "Who will thumbprint those?"
The contract demands specific (potentially multiple) mailing addresses of both parties. This, says lawyer Mona Zulfiqar, who was involved in formulating the forms, is intended to close legal loopholes and prevent future petitioners from being fobbed off with false addresses.
The contract also includes a declaration by the parties that they are free of hereditary and chronic illnesses that might affect conjugal relations. Ma'zouns remain unclear whether this means a doctor's certificate is now a legal requirement for the registering of a marriage. Zul-Fiqar suggests official health checks are voluntary.
The most significant aspect of the new forms, though, is that they contain space for any number of conditions the parties might like to add to the contract, provided such conditions do not contradict Shari'a (Islamic law). "This restores the Islamic idea of marriage as a consensual contract," says Zulfiqar.
The practice of adding conditions was common in Egypt in the past but died out with the introduction of modern bureaucratic fill-in-the-blank marriage forms in the early 20th century. Its re-introduction now makes room for a creative re-thinking of marriage.
Under the new by-laws ma'zouns, says Zulfiqar, are now obliged to inform the marrying parties of their right to include conditions and enumerate specific stipulations. The parties could, for example, agree that the furniture belongs to the wife, cancelling the need for the traditional furniture list signed before the marriage and in which prices are often exaggerated. In the event of a divorce, wives often demanded the inflated amount from husbands, many of whom failed to come up with the money and, consequently, faced the prospect of imprisonment. Similarly, the parties could make it clear to whom the marriage apartment would belong in the event of a divorce. A wife might also stipulate that her husband not take a second wife, or that she retain the right to divorce herself. This latter condition, popularly referred to as the right of 'isma, is generally frowned upon by society.
Mustafa Abul-Su'oud, who officiates at marriages at both Dar Al-Ifta' and Mashyakhat Al-Azhar, and one of the few ma'zouns to have received the new forms, told Al-Ahram Weekly that of the 30 marriages at which he has officiated using the new forms, none included any conditions. He himself did not think it such a great idea: "Why expect bad luck before it happens?" he asked. Similarly, Abdel-Ghaffar said he would not bring up the topic of conditions with couples and would only provide advice if requested. He recalls having once contracted a marriage in which the woman retained the right of'isma. It caused many problems later on, he asserts. "It is not a good idea and I would advise against it," he told the Weekly. The law might have become more flexible but its implementation is likely to face grass-root resistance and age-old prejudices.
The law also introduces a new register for arbitration between quarreling spouses. Representatives of the husband and wife are requested to attempt to reconcile them, the results to be registered by the ma'zoun.
Unfortunately, most young couples getting ready to get married still know little about their newly acquired rights. Though the new Personal Status Law is a legal reflection of changing socio-economic conditions, it will take some time before it, in turn, generates change. But even if concepts of marriage do not change overnight with the newly introduced forms, they are bound to eventually prod people to question established customs and practices. And that is, after all, the first step towards change.
Related stories:
The terms of engagement 1 - 7 June 2000
Freedom -- at a price 25 - 31 May 2000
The beginning or the end? 9 - 15 March 2000
By the skin of her teeth 17 - 23 February 2000
