The new personal status law project in Egypt has sparked widespread debate on social media following the announcement that polygamy will only be permitted with a judicial approval. The new law, which is set to be discussed in an upcoming session of the House of Representatives, stipulates in its Article 14 that a family court judge must summon the current wife to hear her opinion on the potential new marriage. The marriage cannot proceed without the participation and expressed opinions of the current wife regarding her consent or denial, and the new wife must be informed of the existing marriage.
MP Nashwa El-Dib, who introduced the bill to the House of Representatives, stated, "We have spent years working on this law, conducting several community dialogues with many legal experts and public figures before presenting it to the council, to benefit from all opinions and enrich the law with different viewpoints." She added in her conversation with "Sky News Arabia": "The existing personal status law has been in place for over 100 years, specifically since 1920, and during those decades, the environment and the circumstances of people have changed. Despite many amendments, it has become outdated."
Regarding the "engagement" period, the first section of the law addresses the rights of both parties, stating that either party is entitled to compensation if one side withdraws from the engagement without justification. In the event of one party's death, their heirs have the right to claim the dowry that has been paid.
The parliamentary representative emphasized the necessity of having a personal status law that considers the present-day realities and family crises without bias towards women or men, with the main focus being the welfare of the child, in order to achieve a healthy family dynamic regardless of existing issues related to divorce or inheritance.
El-Dib noted that there has been significant public reaction to the bill over recent days, especially following a Ramadan series that highlighted personal status issues. She explained, "We have strived to achieve a sense of justice in this law that is compassionate to all."
The law also includes punitive measures; Article 5 imposes penalties on anyone who marries a minor under the age of 18, with imprisonment of no less than three months and no more than one year, and the punishment cannot be waived under any other law.
El-Dib stated, "Most of the reactions we received were regarding the polygamy provisions because they are conditioned by God on justice, which is difficult to achieve by humans. Therefore, we tried to avoid unfairness towards the first wife."
Article 15 of the proposed law also states that the court must summon a wife who is to be married to a new spouse. If she is personally notified and does not attend or refuses to accept the notification while being aware of its content, this will be treated as her consent to the marriage, thus fulfilling the legal notification requirements.
The law details the circumstances for a woman to accept or refuse her husband's intention to marry another woman, along with her rights and whether she wishes to continue with the marriage. Article 16 specifies that "if the wife requests a divorce, she is entitled to her financial rights associated with it, and the husband must deposit her rights in the court's treasury within a month of the request; otherwise, he is considered to have withdrawn his request for permission to marry another."
The Egyptian MP added, "The first wife has the right to know of her husband's intention to have a second marriage and to express her consent in the presence of another wife in their lives, which is an attempt to protect the family, as many men marry and abandon their children, and sometimes a son does not even know he has siblings from another woman."
El-Dib urged everyone to "read the law first before passing judgment," saying, "Do not rely on social media for opinions. We have tried through this law to be as fair as possible without bias, aiming to protect all rights."
