National Women’s Day: We demand the regulation of polygamy and the abolition of obedience

National Women’s Council leader Maya Morsi has called for polygamy to be regulated and for the judge to be given the power to allow second marriages, after ensuring that the first wife is aware and agrees.

Maya Morsi called for the abolition of obedience provisions, clarification of the benefit of contracts entered into before any proposal was issued and determination of the scope of its validity to avoid confusion, such as the reference to articles relating to the effects applicable to procedures relating to the payment of expenses or disputes and those relating to compliance proceedings initiated under the law in force.

Morsi clarified that although the original marriage was monogamous, polygamy should therefore be regulated; By verifying the condition of the wife’s knowledge of the husband’s will to marry another wife, of his consent, and by seeing that justice is done between them, and by granting the judge the power to authorize the second marriage after fulfilling the conditions; With the aim of ensuring family stability and guaranteeing the rights of children and the wife, knowing that the text on the regulation of polygamy does not conflict with the human right to polygamy and does not does not contradict sharia, but rather an organizational procedure to preserve the rights of both parties and not deviate in the use of the polygamy license.

On general matters of substance to which the National Women’s Council adheres in the proposed family laws:

The need to stipulate the commitment of the availability of the age of eligibility for marriage in the engagement and its consequences in order to avoid the circumvention of the legal age without regulation In the event of the consequences of engagement disputes.

The importance of defining marriage “as a consensual ‘contract’ which dissolves the common bond between them to form a family and its continuation under the care of the spouses, and which results in mutual rights and duties”.

Explicitly state, as presented in the Prevention of Child Marriage Bill, that the legal age of marriage is 18 for both men and women.

The addition to the marriage document of certain data that will speed up the resolution of disputes regarding the determination of marital residence and its nature, the husband’s income, a checklist of special conditions and other data that make the document l one of the strong elements for the resolution of family conflicts.

Use of definitions and terms

The council suggested the need to use modern language appropriate to the social, economic, political and cultural developments to which society is exposed and which stresses that families are based on affection, mercy and partnership in decision-making. and responsibilities, as a reflection of reality, and to identify and unify the terms and expressions used in any bill, in order to decide and consolidate a disciplined legal culture and to resolve controversial issues and help stabilize family relations , as in stipulating the definitions of the conditions of health and the pillars of the contract and execution, differentiation, causes of annulment or nullity and their effects, corrupt and invalid marriages and their effects… and others.

Establish the right to work, fight and assert the independent financial assets of the spouses; As the regulation of this right is considered as a translation of the efforts made for the development of the family, and it is proposed to formulate an article in this regard which takes into account these rules in the sense that “the provision on the independent financial declaration of the spouses and the legality of the agreement within the framework of the management of the funds and efforts which are acquired during the establishment of the marriage on their investment and their distribution Agreement in the annexes of marriage and divorce, and reference to the general rules evidence to assess those efforts in the absence of an agreement.

Although the principle is that the marriage be with a single wife, polygamy must therefore be regulated by the judge verifying the condition of the wife’s knowledge of the husband’s desire to marry another and of his consent and ensuring the justice between them. with the human right to polygamy and does not contradict Sharia, but rather an organizational procedure to preserve the rights of both parties and not deviate in the use of the polygamy license.

Explicitly stipulate the right of the adult woman to contract her marriage alone, and a text could be proposed as follows: “Explicitly stipulate the right of the adult woman to contract her marriage alone.

Ensure the testimony of women on an equal footing with men and emphasize this, as it happens in the reality of criminal and civil proceedings.

Guided by certain expenditure-related provisions to reduce disputes related to

Estimation of a legally defined percentage of the income of the person liable for alimony, on the basis of which the expenses are taxed.

A legal percentage increase in expenses and salaries accrued annually without the need to establish a new provision.

Oblige the father to pay the costs of education and treatment, and his penalty if he refuses to do so, as long as he is able to pay.

Annulment of obedience provisions, clarification of the benefit of contracts entered into before the issuance of any proposal relating to it, and determination of the extent of its validity to avoid confusion, such as the reference to the articles relating to the effects which are applicable to them in expense or litigation proceedings and those related to obedience suits that have been instituted under applicable law.

Regulate the marriage of persons with mental disabilities and not leave them to the general rules to control the procedures related to this matter in the light of the provisions of the Law on the Protection of Persons with Disabilities and the Convention on the Rights of Persons with Disabilities, to which the is gone; As clause A of article 23 of the Convention stipulates the right of all persons with disabilities who are of marriageable age to marry and found a family with the full consent of those who intend to marry, without restraint.

Regulate lineage and all its provisions in legal texts, as well as set penalties for those who fail to register a minor or prove his lineage.

Establish an organizational mechanism for monitoring and controlling the execution of judgments and decisions, particularly with regard to children from families in conflict, and establish a judicial system responsible for supervising the execution in the manner followed in juvenile courts, with the power to change prescribed measures for observations, dates and places, accepting apologies and monitoring implementation through periodic reports prepared by family dispute resolution offices. .

It should be stipulated that the competence of the guardian to request the cancellation of the incapacity for persons between the ages of 18 and 21 is the same, whether male or female, since the criterion of competence applies equally to men than to women; As the same reasons may apply to either before the age of 21 to choose an incompetent person.

Emphasize a woman’s right to work and not see it as a reason to waive alimony; Where the proposed text could be the following: “The exit of the wife from work is an inherent right for her, and her exit from work is not considered as one of the grounds for the loss of the legally established alimony.

Compliance with the non-violation of the provisions of criminal liability in matrimonial movable disputes.

Authorization to inspect the husband’s bank accounts, taking into account data confidentiality, and that the income items include all types, categories and sources of income despite their diversity in the articles relating to alimony to show income husband or divorcee.

Regulate the wife’s permission to divorce under the contract or its annexes and specify her decision in this case that it is an irrevocable divorce in which it is not allowed to resume it.

Organize the divorce and do it before the judge or the notary to settle the rights arising therefrom, and it must be facing the wife or her knowledge of an official notification, in order to deal with the oral divorce.

The stipulation of the wife that she should not marry another woman in the marriage contract is a presumption of occurrence of the harm unless she had knowledge of it and consented to its approval or consent. expiry of a specified period, and the court orders him to divorce with an irrevocable divorce without the need to prove the prejudice

Preserve the khul’ article in its current text in the law and not modify the khul’ decision as an irrevocable divorce and not an annulment of the marriage contract.

It is not permitted to change the name of the young person or to travel outside the country without the documented consent of his parents. If this is not possible, the case will be taken to the head of the family court and the relevant authorities will be notified. of this without delay and taking into account the regulation of the guardian’s right to travel abroad in certain cases to pursue his interests unless otherwise agreed.

Building on recent decisions by the Crown regarding disputes over possession of the foster home, emphasizing in court proceedings that the divorced wife and child in custody continue to occupy the foster home reception without the need to submit an application because the origin is in the best interests of the child, that the guardian mother continues with the child in the marital home and if the husband’s request to allow him to to obtain the matrimonial home if it belonged to him, to provide the divorced person and the guardian with suitable accommodation Only by written agreement.

The text to establish a specific legal settlement for the problem of a divorced woman without work, breadwinner or housing, who has been harmed by her divorce after a long marital period that can reach more than 20 years, deciding on compensation and housing wages.

Leave a Comment