In general terms, Egyptian law is codified and (notwithstanding the reference to shari’ain Article 2 of the Constitution) based on the French-style civil law system. However, as is common across the Middle East, family law in Egypt is a ‘pluralistic legal regime’ in that adherents to different faiths have family disputes resolved according to the tenets of their faith. Under Law No 462 of 1955 these disputes have been dealt with in state-run personal status courts which are currently organised under Law No 10 of 2004. The 2004 reform introduced family courts in separate buildings and Family Dispute Settlement Offices at each family court which will attempt to mediate between the couple in contested family matters. A party cannot file an action concerning a personal status matter without first submitting a request for family dispute settlement and judges will not hear cases unless social workers and psychiatrists attempt and fail to achieve a mediated agreement.[1]
Family disputes involving Muslims in Egypt are dealt with according to shari’awith some modifications and clarifications contained in Law No 25 of 1920 and Law No 25 of 1929, both as amended by Law No 100 of 1985 and supplemented by Law No 1 of 2000 and Law No. 4 of 2005 [2]. Article 65 of Law No 1 of 2000 states that the rulings and decisions issued for handing over a young child or contact with the child or maintenance shall be enforceable by the force of law – this applies to children of all faiths.
Family disputes involving Copts in Egypt [3] are dealt with according to the Code of Personal Affairs for Copts.The personal status judges applying this Code are however state appointed judges who are not necessarily Copts.
[1] HRW, Divorced from Justice,December 2004, pp. 52-54
[2] raising the age of custody – sometimes referred to as ‘Suzanne’s Law’ as it was championed by Suzanne Mubarak, wife of the former president
[3] Khalil J, ‘A brief history of Coptic personal status law’ Berkley Journal of Middle Eastern and Islamic Law (2010)
Andrew Allen QC 