База данных по гендерной проблематике и правам на землю


Права собственности и пользования женщин, закрепленные в Гражданском кодексе, Трудовом кодексе и Семейном кодексе

1948, Egyptian Civil Code (ECC):
- Is the main source of legal rules. Much of the ECC is based upon the French Civil Code and, to a lesser extent, upon various other European codes and upon Islamic law, especially in the context of personal status (16).

Personal Status Laws 25/1920; 25/1929; 77/1943; 260/1960, 100/1985, amended on 27 January 2000:
- The personal status of women in Egypt is derived from Islamic law, which dictates the rules of marriage, divorce, inheritance, and employment. This legal structure is distinct from the rest of the Egyptian legal system, which is based on French civil law.

2000, Personal Law No. 1:
- Deals with the procedures of the court system related to litigation in matters of personal status law.
- It has been enacted to speed up the litigation procedure in this area with the intent of ensuring that: i) divorced women receive their entitlements; ii) that wives are protected against violence on the part of their husbands; iii) that relief is provided to women in distress by requiring the Nasser Bank to pay the maintenance that has been awarded to them, eventually by getting the necessary resources through a raise in the level of income taxes (17).

- Muslim women have the right to choose their husband but cannot marry non-Muslim men. Non-Muslim women who marry Muslim men are subject to the Shari’a, but are not automatically entitled to all the privileges accorded by that law, such as inheritance rights. Women have to be at least 16 years old to marry, and men 18.
Polygamy is legal, with the sole requirement that the husband must notify his existing wives of his intention to marry again and must notify his wife-to-be of the existence of his other wives. Furthermore, women do not have the right to travel abroad without their husband’s consent. Female members of the Coptic Orthodox Church who marry Muslim men are excommunicated. Christians of other denominations who wish to marry a Coptic Christian must first convert to Coptic Christianity (4).

- The Personal Status Laws give men the right to divorce without their wife’s consent. However, if the divorce is obtained without cause or the wife’s consent, she is entitled to compensation of at least two years’ maintenance. Women have to go through court to obtain a divorce from their husband (4).
Coptic Christianity does not permit divorce.
- Divorced women have no stake in marital assets, and retain no ownership interest in the marital home or any other property upon divorce. The marital home is viewed as the exclusive property of the husband both in marriage and divorce (4).
- New child-custody laws were enacted in 2005, permitting a divorced mother to have custody of her children until they are 15 years old. A judge can extend this to age 21 or until a daughter marries, if this is deemed in the child’s best interest. At the end of this custody period, the divorced mother is no longer eligible to receive alimony, accommodation or other maintenance. She must leave the house provided by her husband, as soon as the custody period ends (4).
Civil capacity
- In accordance with the provisions of the Civil Code and related laws, all Egyptians, male and female alike, enjoy civil rights in conformity with the legally established provisions relating to capacity. There is no discrimination and there are no restrictions that apply to women and not to men (17).

Labour Code:
- Law No. 137 of 1981 and Law No. 97 of 1959, Art. 130, concerning the Labour Code stipulate that all its provisions apply to working women, with no distinction as to job.
- The law prohibits the employment of women in jobs that could damage their health or morals or in any other job to be specified by the relevant ministries. The Law requires any employer of more than 100 women to set up or share the cost of providing a nursery, and in article 174 it provides penalties for any infringement of the provisions regarding the employment of women (17).

Laws of litigation:
- The right to litigate is guaranteed to both men and women on an equal basis without differentiation, discrimination or preferential treatment. Women have the right of recourse to the law in all its forms and at all levels, the right to act as a witness in court and the right to benefit from the relevant court and legal assistance systems (17).

Commercial competence:
- The age of majority for both civil and commercial purposes, as provided for by Art. 44 of the Civil Code and Art. 4 of the Commercial Code, is 21 years for both men and women. This also applies to a woman’s competence in this respect and to each spouse’s individual property rights. The financial responsibilities of each remain separate. Egyptian law requires a foreign spouse who engages in trade to declare the financial arrangements of his or her marriage (17).

Qur’an and women’s property rights: 
- A Muslim woman possesses independent legal, economic and spiritual identity, and independence. The Qur’an notes that women “shall be legally entitled to their share”, as provided by the Qur’an 4:7, and that “to men is allotted what they earn, and to women what they earn”, as of Qur’an 4:32. Only if women choose to transfer their property can men regard it as lawfully theirs according to Qu’ran 4:4 (19).

1937, Law No. 58 of the Penal Code:
- Article 274 imposes harsher penalties for women committing adultery. A wife is penalized for two years, whereas a husband is penalized for no more than six months.
- Marital rape is not illegal and the Penal Code does not specifically prohibit domestic violence.
- Article 60 of the Penal Code, stipulates that “punishment outlined by the Penal Law does not apply to anyone who committed an action out of good intentions sanctioned by Islamic Shari’a” (4).

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