Sharia and Custody Rights for Christians in Egypt
November 25, 2008 – 1:55 pmCDN:
ISTANBUL, November 24 (Compass Direct News) - Egyptian human rights workers are looking to international bodies for support against Muslim judges who use sharia (Islamic law) to undermine custody rights of Christian mothers.
Despite provisions such as Egyptian law’s Article 20, which dictates that minors should remain with their mother until age 15, judges consistently rule in favor of Muslim fathers in custody disputes with Christian mothers. Islamist judges typically resort to Article 2 of the Egyptian Constitution, which states that “principles of Islamic law are the principal source of legislation.”
Sharia-based decisions that rule contrary to Egyptian statutory law have led the Egyptian Initiative for Personal Rights (EIPR), an independent human rights organization, to protest before the African Commission on Human and Peoples Rights (ACHPR). The ACHPR was formed by the African Union to oversee the implementation of its Charter on Human and People’s Rights.
An investigation, decision and recommendation by the African Commission to the Egyptian government would lend considerable weight to the EIPR’s efforts to enforce Egyptian Personal Status Law, which states explicitly the mother’s right to custody of her children until they reach age 15.
The EIPR’s complaint before the African Commission accuses the Egyptian government of violating the African Charter on Human and Peoples’ Rights, which Egypt ratified in 1984, the human rights organization said in a Nov. 10 statement. The EIPR referred to the case of 13-year-old twins Andrew and Mario Medhat Ramses, whom an appeals court awarded to their father Medhat Ramses Labib on Sept. 24 after a custody battle.
“The government’s treatment of the boys’ mother, Kamilia Lotfy Gaballah, constituted discrimination based on her religion and violated her right to equal protection before the law,” the EIPR stated. “The case also charges that the government violated the two boys’ right to freedom of religion and contravened the state’s legal obligation to protect child rights.”
The boys’ father, Labib, converted to Islam in 1999 after divorcing Gaballah to marry another woman. In 2006 Labib altered the official religious status of the boys and later applied for custody.
“Obviously in this custody decision, it is a flagrant disregard of the Personal Status Law, which ensures custody for the mother until the children are 15 years old,” said Hossam Bahgat of the EIPR. “In this case the judiciary chose to ignore statutory law and apply their own interpretation of sharia.”
Entire article.
