More than a hundred years have passed since the issuance of the first legislation on personal status in Egypt, which has recently prompted rights advocates, men and women, to demand the issuance of a modern law that keeps pace with rapid social and economic transformations. Despite the announcement of a package of proposals to amend the law over the past period, this file remains suspended without resolution, especially with the end of parliament’s term and the anticipated convening of a new session of the elected chamber, while a state of non-transparency regarding the law prevails on the government’s part, which observers describe as a reflection of political priorities and a continuing escape from a societal confrontation that has been deliberately postponed.
In this context, the “Open the Doors of Justice” campaign, launched by the Centre for Egyptian Women’s Legal Assistance, demanded in its statement issued a few days ago (at the end of last December) an end to the state of stagnation governing the personal status law file, stressing that the existing legislation does not guarantee the protection of the family so much as it manages its conflicts, and does not safeguard the rights of children but leaves them hostage to long-running court disputes, while it legalises inequality and reproduces multiple patterns of violence inside homes and in the corridors of the courts.
The legal system of personal status in Egypt has undergone gradual development over more than a century, starting with Law No. 25 of 1920, which represented the first attempt to codify family matters and establish specific rules for marriage, alimony and custody, through successive amending laws such as Law No. 25 of 1929, which expanded some provisions relating to divorce and alimony, and Law No. 77 of 1943, which dealt with inheritance issues and some family rights, then Law No. 119 of 1952, which regulates the provisions of guardianship over property, as well as Law No. 100 of 1985 on amending certain provisions of the personal status laws. This development coincided with the Egyptian constitutions, from the 1971 Constitution to the 2014 Constitution, amended in 2019, which stipulated equality between men and women and the importance of protecting the family.
Last January, about three years after the committee was formed, Counsellor Abdel Rahman Mohamed, head of the committee preparing the new personal status bill, announced the completion of the drafting of all the articles of the law, which was divided into three main sections: guardianship over the person, guardianship over property, and the procedures regulating personal matters.
Despite this, the bill was not presented to the parliament whose constitutional term has ended, nor was it given priority to complete the legislative procedures relating to it, so that it ended up waiting for the next parliament’s session. This comes despite repeated demands from rights advocates on the importance of passing a personal status law that keeps pace with the social and economic transformations in Egypt and guarantees justice and equality for all family members, especially women and children.
Towards fairer legislation
According to the campaign launched by the Centre for Egyptian Women’s Legal Assistance, women bear the greatest burden of this delay: years wasted in litigation, an increasing loss of economic security, and forms of legal blackmail practised under the slogan of “preserving the family”. This happens despite the existence of ready alternative bills, foremost among them the proposal for “a fairer family law” prepared by the Centre for Egyptian Women’s Legal Assistance, and despite the issuance of a presidential decision in June 2022 to form a committee to prepare a new law within four months.
The bill proposed by the Centre for Egyptian Women’s Legal Assistance includes a package of fundamental amendments compared with the existing legislation. Most prominent among them are recognising the right of a mother who has been raped to establish the child’s paternity to its father, and putting in place a new regulation of divorce requiring that it take place through the court instead of occurring by unilateral will, while providing for compensation for the wife in the event of divorce in a way that limits the economic harm resulting from it.
The bill also provides for granting the non-custodial party the right to host the child on a regular basis, in a way that ensures the continuity of the family relationship without prejudice to the best interests of the child. It also proposes requiring the marriage contract to include additional conditions agreed upon by the two parties, among them the regulation of the financial partnership and the division of wealth in the event of divorce.
With regard to custody, the bill places the mother first and the father second, and recognises the mother’s right to retain custody of her children if she remarries. This right extends to include the Christian mother married to a Muslim man, like the Muslim mother, in a way that achieves a greater degree of equality between mothers. At the same time, the bill does not ban polygamy but places controls on it, and the proposal categorically prohibits the marriage of minors.
For her part, Seham Ali, executive director of the Centre for Egyptian Women’s Legal Assistance, says that the delay in issuing a new personal status law cannot be separated from the ordering of legislative priorities in Egypt, considering that women’s and family issues do not receive sufficient attention compared with other files, such as investment and tax laws, which also happened with the bill for a unified law to combat violence against women.
Speaking to “Zawia3”, she points out that despite the President of the Republic’s call in 2022 for the preparation of a fairer personal status law, and the Ministry of Justice being tasked with forming a committee to complete a draft within four months, “nearly four years have passed without any results being announced or a bill being put forward for public discussion”. She hopes that there will be a legislative will to discuss the proposal seriously, Seham says.
The executive director of the Centre for Egyptian Women’s Legal Assistance believes that the need to pass a new personal status law in Egypt is urgent and linked to the changing social reality, as the roots of the current law go back to the 1920s, and it has undergone scattered, non-radical amendments over the decades. Over more than a hundred years, social, economic and cultural conditions have changed, the roles of women and men have changed, and children’s needs have changed, while the legal framework has remained unable to keep pace with this. She adds that linking the personal status law rigidly to Islamic sharia is “inaccurate”, and explains that “Islamic jurisprudence itself is more developed and flexible than many of the texts currently applied”.
On the other hand, Seham believes that the law, although it grants the wife grounds for judicial divorce, sets almost impossible conditions for proving them: “For example, in cases of beating, abandonment or even problems in the intimate relationship, the woman is asked for witnesses, which is unrealistic. With the inability to prove, many women find themselves forced to continue in violent relationships, because khul’ means giving up financial rights, an option many cannot afford economically.”
In addition, Seham stresses that the issue is not “a law for women only”, explaining that “the current law sometimes unfairly excludes the father, and the custody order may put the father in twelfth or fourteenth place, after distant female relatives, which creates severe tension within the family. Likewise, the current visitation system, based on three hours in a public place, does not allow a real relationship to be built between the child and the non-custodial party.” She points out that the problem does not stop at the texts but extends to enforcement: “Many rulings on alimony or housing are not enforced effectively. Some husbands hide their real incomes, or dispose of the marital home to harm the mother and her children. So the rights appear to exist on paper, but in practice they are hard to obtain.”
She affirms that a law more than a hundred years old cannot respond to the requirements of a constantly changing Egyptian family. Continuing to apply it is a disregard of social and economic reality, and an unjustified postponement of achieving justice within the family.
Why has the amended law not been issued?
In June 2022, Counsellor Omar Marwan, the Minister of Justice, issued a ministerial decision forming the judicial and legal committee specialised in family cases and courts, to prepare the personal status bill, in accordance with the directives of President Abdel Fattah El-Sisi.
The committee was scheduled to finish preparing the draft amendments on 5 October 2022, but the set period was extended until the bill was fully completed. In January 2025, the head of the committee announced the completion of the drafting of the new law, which comprises (355) articles distributed over three main sections: (175) articles on guardianship over the person, (89) articles on guardianship over property, and (91) articles on procedures and the mechanism for their implementation, in addition to (60) articles common to Muslims and Christians, dealing only with procedural and organisational matters such as visitation, hosting and alimony, without touching the provisions of sharia, according to what the head of the committee announced. The bill also includes amending the marriage contracts for both the Muslim and Christian religions, and the bill was then submitted to the Ministry of Justice.
On 20 March 2023, the Minister of Justice announced, during the Egyptian Women’s celebration, the receipt of all the amendments, and that the bill was being readjusted and given its final legal drafting, in addition to the preparation of a separate bill for an Egyptian Family Welfare Fund consisting of (13) articles.
For its part, the Human and City Foundation for Social Research, an independent Egyptian foundation, issued a paper entitled “The Dilemmas of the Personal Status Law in Egypt… A Reality That Entrenches Discrimination and Marginalises the Rights of Women and Children”, in which it explained that although the basic provisions proposed for the new personal status bill included amendments to guardianship over the person and property, divorce, visitation and alimony, as well as the personal status laws for Christians, they did not address vital provisions such as the right to safe housing for women and children and laws combating domestic violence.
The paper pointed out that judicial experience shows that the Constitutional Court’s cancellation of the article obliging the husband to provide housing for the divorced custodial mother led to the loss of effective legal protection for the divorced woman and her children, as the mother’s right is limited to a temporary housing allowance, and many women are forced to resort to filing enablement lawsuits, often facing husbands’ refusal to comply with court rulings, sometimes to the point of destroying the home entirely.
The foundation explained in its paper that the problem of safe housing is aggravated by the scarcity of shelters for women and children, numbering only 8 centres in 8 governorates out of 27, with strict residence conditions such as proving exposure to violence, providing marriage or divorce papers, and paying residence fees according to income. Male children over 12 years old are also barred from staying with the mother, which increases the difficulty of securing a safe environment after divorce and forces some women to remain in violent relationships because of the absence of a safe alternative, making the issue of safe housing one of the most prominent legal and social gaps that the current law has not addressed.
Local and international statistics indicate that violence against women is worsening, as reports by the United Nations and the Promundo website showed that the proportion of men who consider violence against a wife justified ranges between 53.4% and 90%. Observers believe that the law is lenient in some cases in which the wife is subjected to violence under the claim of “disciplinary beating”, and the law allows the husband to file adultery lawsuits or withdraw them, which opens the door to blackmail and manipulation, according to the paper.
The paper also pointed out that official statistics revealed that about 89.5% of domestic violence cases are filed by wives against husbands, while the number of crimes of violence against girls and women reached 1,195 in 2024, which reflects the urgent need for legal reforms that protect women and children.
The paper stressed in conclusion that the articles of the personal status law reveal legal gaps that still prevent the achievement of full equality between the sexes, as the law restricts women’s legal and social rights and entrenches their dependence on men.
The paper considered that, to achieve equality in rights and responsibilities between the sexes, it is necessary to carry out comprehensive legal reforms that guarantee full legal protection for women and their children in all circumstances, requiring a comprehensive review of the personal status laws for all citizens, regardless of religion, based on the principle of citizenship and equality before the law, under the Egyptian Constitution of 2014, which grants the Supreme Constitutional Court the power to review the compatibility of laws with sharia, without the intervention of religious institutions; while taking into account recognition of the rights of followers of other religions and denominations and enabling the regulation of their personal affairs through a unified civil personal status law that respects freedom of belief, limits contradictions in rulings, takes into account the diversity of Egyptian society and guarantees justice for all its members.
A postponed confrontation
In this context, Aya Mounir, executive director of the Superwomen Initiative, believes that the delay in issuing a new personal status law in Egypt does not appear to be on the state’s list of priorities at present, citing as the reason the parliament ending its session without placing the law among its priorities.
Aya tells “Zawia3” that the proposals discussed by the National Council for Women and seen through Al-Azhar’s plans included abolishing verbal divorce and divorce in absentia and amending alimony laws, but these reforms are often partial and do not touch the full bill of the law, and the state seeks to balance reform between the image of the civil state, the satisfaction of the street and a specific religious discourse.
Aya believes that the personal status law and its multiple amendments burden the whole state economically, as women who are subjected to economic discrimination because of inheritance or deprivation of education and work rely on the state to obtain support such as the “Decent Life” programmes, stressing that solving the roots of women’s economic problem by providing job opportunities, education, training and fair alimony would ease the burden on the state and guarantee a decent life for children, instead of the policy of imprisonment, which is of little use when husbands default on paying alimony.
Aya notes that litigation procedures in personal status matters constitute a great burden on women, pointing to the length of litigation in divorce and alimony cases, which may last a year and a half, in addition to the multiplicity of cases relating to the same husband, which doubles the burden on the woman and leads to the exploitation of the judicial system by some husbands. She also explains that the current law leaves the assessment of alimony and divorce to the judicial authority without clear protection for women, which increases the likelihood of exposure to injustice and domestic violence.
Elham Eidarous, feminist activist and agent for the founders of the Bread and Freedom Party (under formation), agrees with Aya Mounir that social issues, foremost among them the reform of personal status laws, are not among the state’s priorities.
Speaking to “Zawia3”, she affirms that the state is not decisive in facing any new financial or administrative burdens that may result from comprehensive reforms of the law, which weakens the chance of achieving justice between the sexes. She points out that the anticipated amendments to the personal status law often respond only to men’s demands, especially with regard to visitation and custody, while the question of guardianship and women’s economic rights remains without radical treatment.
She adds that there is a need for the law to treat women from the perspective of their rights and dignity, and not only according to specific grievances of men, pointing out that some of the proposed amendments may contradict sharia principles themselves, such as custody, which sometimes favours the father at the expense of the mother.
In this context, Eidarous notes that the hosting system for mothers and children suffers from major shortcomings, as the state does not bear clear responsibilities for guaranteeing protection or following up cases, which increases the burden on families. She also points out that the complex and lengthy judicial procedures in personal status matters increase the difficulty of women obtaining their financial and family rights, while issues such as alimony and guardianship have been left to the judge’s discretion without clear protection, which increases inequality and puts women in a fragile position before the law.
As for Amr Mohamed, lawyer and rights advocate at Tadwein for Gender Studies, he believes that the delay of the law represents a confrontation the state is avoiding with the religious institutions, which are considered the official sponsor of personal status laws in Egypt, as these institutions tend to entrench certain established legislation and not amend it to keep pace with the times. He points out that the current law, issued in 1920, is no longer fit for practical application in light of modern social and economic changes.
The rights advocate tells “Zawia3” that postponing the discussion of important laws such as the unified law to combat violence against women, which was submitted to parliament more than three years ago, reflects the state’s fear of a possible confrontation with society and the religious institutions, despite the increase in cases of violence against women in Egyptian society.
The pace of violence keeps rising
Rights experts believe that the shortcomings of the current personal status law contribute directly to the continuation of domestic violence, whether psychological or economic, as a result of complex judicial procedures and the gaps relating to divorce, guardianship over property and alimony.
Aya Mounir explains that a comprehensive reform of these laws, together with simplifying litigation procedures, guaranteeing fair alimony and providing economic opportunities for women, would be a fundamental step towards limiting domestic violence and achieving legal and social protection for women and children.
For her part, Elham Eidarous believes that violence against women in Egypt cannot be linked directly to the laws alone, but is linked to economic pressures and prevailing cultural and social attitudes. She stresses that a loving father does not commit violence because of visitation or alimony, whereas violence is often linked to aggressive personalities or to women’s rejection of traditional restrictions. She adds that improving women’s legal and economic situation and simplifying litigation procedures can contribute to reducing family disputes, but does not address all the social and cultural causes of violence.
Amr Mohamed, the lawyer and rights advocate, meanwhile stresses that the delay in issuing the personal status law increases the economic and social pressures on women and makes litigation a long and arduous experience. He adds that family cases should be dealt with through “the one-stop window”, a rights-based proposal under which a single case would cover all rights, instead of the intensification of procedures and the multiplicity of lawsuits that force women to spend years in the courts to obtain their rights, or to obtain rulings that are difficult to enforce. He describes this situation as a form of economic violence, as rulings are often issued after two years or more, and in difficult economic circumstances the woman cannot enforce them.
Mohamed cites an example of this in alimony cases, as many women are forced to resort to Nasser Social Bank to collect their dues, and often cannot obtain more than EGP 500 a month, a very small amount compared with rising prices and living costs. Even prison sentences are not enforced in some cases, as those convicted can flee abroad without the alimony rulings being enforced.
Rights advocates, men and women, believe that the current law is no longer able to keep up with social, economic and cultural transformations, while alternative bills, such as the “fairer family law”, remain stuck.
Rights experts point out that comprehensive reform of the law, together with simplifying litigation procedures and providing effective economic and legal protection for women and children, is a fundamental step towards limiting family disputes and achieving social justice. With institutional stagnation continuing, the personal status law file remains a real test of the state’s ability to balance between legal obligations and protecting citizens’ rights, and between social and religious pressures, a test that will be passed only with serious legislative and political will.
Editorial correction: The first version of the report stated that the Minister of Justice’s announcement of receiving the personal status law amendments was on 20 March 2025; the correct date is 20 March 2023.
