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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 Contractual undertakings
By Fatma Khafagy*
In 1988, a small group of professionals and activists revived discussions of the need for a new marriage contract in Egypt in 1988. They held a number of meetings and published a pamphlet on Egyptian women's rights, to which a prototype of a new marriage contract was appended. Unfortunately, this project remained purely theoretical.
In 1994, during the preparation for the ICPD, the need for a new marriage contract was raised again by a sub-group of the NGO gender team, which worked on a study dealing with Islam and gender equality in marriage and divorce. The study addressed the concept of the contract in jurisprudence, the terms of the marriage contract and the legality of appending conditions thereto.
This work was taken up by the then newly formed National Women's Council. NGOs were also active in the campaign. At that time, in 1994-'95, no one thought of changing the Personal Status Law or even the Procedural Law regulating it. The new marriage contract was seen as the panacea for many women who are tortured by gender inequalities in marriage and divorce. Many were against the proposed marriage contract, which included conditions such as the wife's right to work, continue her education, travel and divorce herself (the 'isma).
With the changes to the Procedural Law, the government has decided to replace the old marriage contract. The new contract includes several optional conditions, such as a list of assets as well as the wife's right to work, continue her education and divorce herself. This important step must be complemented by a campaign to raise awareness of women's rights. The officials who draw up marriage contracts must also refrain from intimidating young couples into accepting the conditions stated in the contract.
* This week's Soapbox speaker is chief of UNICEF Egypt's Gender and Development Section.