Egypt Drafts Comprehensive 355-Article Family Law to Streamline Personal Status Regulations
Egypt’s Cabinet has approved a draft unified Family Law, consolidating five fragmented legislations that have been in place for over a century. This new code, comprising 355 articles, aims to reduce domestic disputes and simplify litigation procedures across the nation.
Government Commitment to Legislative Improvement
Prime Minister Mostafa Madbouly emphasized the government’s openness to feedback and amendments from parliament regarding this legislation. The approval aligns with directives from President Abdel Fattah Al-Sisi, who has called for the expedited referral of family law drafts for both Muslims and Christians, as well as the Family Support Fund, to the legislature on a weekly basis.
This draft represents the second of three planned family bills, with the final version set for discussion in a future Cabinet meeting. The text was developed over the course of a year, involving more than 40 working sessions led by a committee of specialized judges, both male and female.
Objectives and Structure of the New Law
The new Family Law adheres to Islamic Sharia as the primary source of legislation, as outlined in Article 2 of the Constitution. Its objectives include protecting family stability (Article 10) and ensuring the best interests of children (Article 80), in accordance with the International Convention on the Rights of the Child. Additionally, the law aims to guarantee gender equality and protect women from all forms of violence (Article 11).
The comprehensive law serves as a unified guide, featuring six issuance articles, excluding the publication article, and 355 substantive articles. These articles are categorized into three sections: personal guardianship, financial guardianship applicable to all Egyptians, and litigation procedures before family courts.
Simplifying Procedures and Promoting Amicable Resolutions
Justice Minister Mahmoud Helmy El-Sherif stated that the primary goal of the new law is to simplify legal procedures, limit family conflicts, and encourage amicable resolutions. A significant addition is a marriage contract annex that details agreements concerning the marital home and financial matters. This annex will have the force of an executive document, enabling parties to submit it directly to the court’s execution department.
The draft also introduces an insurance policy for individuals preparing for marriage and emphasizes the importance of educating couples about the risks associated with divorce and khula, thereby promoting reconciliation.
Innovations in Child Custody and Financial Claims
For child custody arrangements, the law introduces electronic visitation systems for cases where physical visitation is not feasible, ensuring that children receive care from both parents. El-Sherif highlighted that the best interests of the child will guide all court decisions, including the locations of hearings and the attendance of minors to present their statements.
To alleviate the financial and administrative burden on litigants and the state, plaintiffs are now required to consolidate all claims for alimony, wages, and expenses into a single lawsuit before one court, rather than filing multiple cases. These lawsuits will be exempt from all judicial fees at every stage of litigation. Additionally, the family prosecution will be responsible for determining the defendant’s actual income upon the filing of such claims.
Enhancing Enforcement and Accessibility
The bill establishes dedicated execution departments within each primary court specifically for enforcing family court and prosecution rulings, aiming to expedite the process. It also mandates the inclusion of sign language in marriage and divorce contracts to protect the rights of individuals with disabilities, in accordance with Article 81 of the Constitution.
El-Sherif noted the integration of information technology for judicial notices, electronic applications for financial guardianship, and a digital link between family courts, prosecutions, the Family Support Fund, and related entities to facilitate tracking and implementation of rulings.
“This law is, in many of its newly introduced provisions, a true translation of established judicial precedents and current reality, and is in essence taken from the provisions of Islamic Sharia,” El-Sherif stated. He emphasized that the success of the law will depend not only on its text but also on its proper implementation, societal awareness of its objectives, and the commitment of all parties to its spirit.
For further details, visit the source: Zawya.
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Published on 2026-04-30 09:52:00 • By the Editorial Desk
