Divorced from Justice:
Women’s Unequal Access to Divorce in Egypt

I. Summary

II. Background

Women’s Status in Egypt

The Egyptian Women’s Rights Movement

Egypt’s Discriminatory Personal Status Laws

Domestic Violence in Egypt

Absence of Female Criminal Prosecutors and Judges

III. Overview of Mariage and Divorce Laws in Egypt

Entering into Marriage

Divorce Initiated by Men

Divorce Initiated by Women

Fault-Based Divorce

No-Fault Divorce (Khula)

IV. The Pains and Perils of an Unequal Divorce System

Compulsory Mediation

Discriminating between Women: Judicial Discretion and Socio-Economic Status

Obedience Laws

Unenforceable Court Rulings

V. Discriminatory Consequences of Unequal Divorce

The Hidden Consequence: Bargaining away Rights to Avoid the Fault-Based Divorce Process

Precarious Housing and Custody Rights

Inaccessible Social Assistance

VI. Condemning Women to a Life of Violence

Discriminatory Divorce Laws and Violence against Women

Inadequate Shelters

VII. Inadequate Government Response

The Limits of Khula

The Family Insurance System Fund

The Establishment of New Family Courts

VIII. Egypt’s Obligations Under International Law

IX. Conclusion

X. Recommendations

To the Egyptian Parliament

To the Ministry of Justice

To the Ministry of Insurance and Social Affairs

To the Donor Community

To the World Bank and other International Lending Institutions

Acknowledgments

Vol. 16, No. 8(E)   December 2004