The government is currently conducting a final review of a comprehensive draft Personal Status Law, according to an informed source within the Cabinet, following recent directives from President Abdel Fattah El-Sisi to expedite the submission of family laws to the House of Representatives.
This government action coincides with a wave of advocacy by political parties and civil society organizations. Over the past few days, these groups have proposed a package of radical amendments, most notably the elimination of policies that strip remarried mothers of child custody, the restriction of polygamy, and the codification of joint parental responsibility.
The Cabinet source, who is familiar with the legislative file, told Al Manassa that the government already prepared a comprehensive draft some time ago through the Ministry of Justice, with the participation of multiple government agencies and specialized experts. The stated goal of the draft is to end the long-standing controversy surrounding the current law.
According to the source, who requested anonymity, the Cabinet is scheduled to discuss the presidential directives during its meeting on Thursday. A specialized government committee will be formed to review the final drafts of the legislation—primarily the Personal Status Law and the Family Support Fund law—before they are sent to Parliament in the near future.
While the source did not disclose specific substantive amendments that reflect the demands of those adversely affected by the current law, they confirmed that the government’s draft includes fundamental changes aimed at achieving a greater balance between the rights of spouses.
The changes focus particularly on “issues of custody, visitation, and alimony, while prioritizing the best interests of the child,” the source said, adding that the project introduces new mechanisms to expedite litigation and activate the role of family dispute settlement offices to ease the burden on courts.
These drafts were previously reviewed during National Dialogue sessions with representatives from Al-Azhar and the Church.
The recent presidential directive follows a similar push in December 2022, when the presidency announced it had reviewed the features of a new draft law and directed the establishment of a Family Support Fund. At that time, the committee tasked with drafting the law had reportedly completed 188 preliminary articles; however, the project has yet to be enacted.
On the level of social advocacy, the Bread and Freedom Party (under formation) held a seminar on Wednesday to discuss a proposed draft law from the Center for Egyptian Women Legal Assistance (CEWLA).
During the event, Azza Soliman, Chair of the Board of Trustees at CEWLA, expressed frustration with the current state of public discourse. She argued that the philosophy governing lawmakers is often based on the premise that “women are deficient in mind and religion,” and she stressed the need for a law rooted in justice, equality, and citizenship.
Abdel Fattah Yehia, a lawyer at the Court of Cassation and legal expert at CEWLA, outlined 18 key pillars of their proposed law. These include restricting child marriage, ensuring alimony is proportionate to the minimum wage, regulating polygamy, and granting the judiciary the authority to oversee divorce while ensuring compensation for the wife.
Regarding children, the proposal suggests moving the “father” to second in the order of custody, immediately following the mother, while asserting that a mother’s remarriage should not forfeit her right to custody.
Furthermore, the project calls for activating the principle of joint parental responsibility and replacing the legal term for “visitation” (istidafa) with “presence” (istihab). It also seeks to codify the custody rights of Christian mothers and consolidate all family cases into a single file before a single judge.
During the same seminar, Elham Eidarous, co-founder of the Bread and Freedom Party, stated that the party sees a vital need to reform the family system for all Egyptians, Muslims and Christians alike.
She emphasized the importance of considering groups not covered by these laws, such as Baha’is, which she argued requires further work on a civil personal status law for non-Muslims and non-Christians.
Eidarous noted that the “best interests of the child” must be the primary standard, rather than merely focusing on not mistreating women, and she stressed that women must be treated as full citizens with equal rights under the constitution. She also highlighted that executive reform must move in parallel with legislative reform to prevent the manipulation of the law.
Political parties have also moved to signal their readiness following the presidential directives. On Tuesday, the Wafd Party announced it was prepared to submit a comprehensive Personal Status Law project based on more than 100 community listening sessions.
On Wednesday, MP Essam Khalil, head of the Free Egyptians Party, confirmed that his party is working on a comprehensive draft based on a new conceptual framework to address the shortcomings of the current system. Khalil noted that the party would include a “Children’s Law” as a distinct component of the personal status package.
The Egyptian Social Democratic Party issued a statement warning of the risks of delaying the law’s issuance. The party pointed to the escalating problems surrounding marriage, divorce, alimony, overnight visitation, and guardianship over person and property.
The party called for a serious societal dialogue involving religious institutions, judicial authorities, and civil society representatives to reach a consensus that ends protracted family disputes.
