Christian Family Law: What is the State of Affairs?

Christian Family Law: What is the State of Affairs?

The aim of the Coptic Orthodox Church, based on the strong mandate given by the the Constitution (Art. 3:The principles ofChristian and Jewish Sharia of Egyptian Christians and Jews are the main source of legislations that regulate their respective personal status, religious affairs, and selection of spiritual leaders, first introduced in 2012), is to regain complete control of the personal status affairs of the Orthodox Christians. Essential for the aim is agreement with the other Christian churches on a unified Personal Status Law, which closes the loopholes left by the old system.

Latest developments

Much has been speculated if the new law will allow divorce and remarriage, for example here in al-Bidaya, 7 March 2016, or here in al-Yaum as-Sabi', 20 July 2015. The crucial question is whether there will be any changes to the Charter of 2008, and how the church will treat the cases handled by civil courts before 2008 (and after?). As to the Charter of 2008, the concept of "judicial adultery" evinced wide criticism, because of its vagueness and because it contradicts other legal norms.


According to Mada Masr, discussions between the Churches have reached a crucial phase. The article by May Shams ad-Din (16 Feb 2017) is critical of the draft law, which may further entrench church control of the life of Egyptian Christians:

Drafted by the Coptic Orthodox Church, Egypt’s largest Christian church, and featuring amendments presented by Protestant representatives, the legislation will be disappointing to those like Nekhiely who hoped that religious authorities would play less of a role in personal affairs of marriage and divorce.
In the draft law, the Orthodox church proposes that the “impossibility of continuing married life” can serve as a basis for divorce, a condition which would apply to a couple that has been separated for five years, if they have children, and for three years, if they don’t. In all cases, the church would reserve the authority to issue permits in the manner it sees fit for second marriages for those divorced on the basis of this condition.

The constitution seems to shore up the authority claims of the Coptic Church:

Ashraf Anis, the founder of a group called Right to Life that campaigns for the reform of divorce and marriage laws for Coptic Christians, says that the period of separation imposed by the draft law is too long. He also thinks it is discriminatory, as it gives greater privileges to those that do not have children who, after a shorter period of separation, can qualify for divorce.
Anis says several of the draft law’s articles would violate the Constitution if passed. He points specifically to the church’s exclusive right to issue permits for second marriages, as the church can refuse to give second marriage permits to anyone, violating the right to form a family.
But the Constitution also shores up religious authority. Article 2 designates Sharia to be the main source of the country’s legislation, while the following article stipulates that the principles of citizens’ religions will be the main source of legislation governing their personal affairs.

And the ambition of the Church goes beyond protecting the newly established church court system from state interference:

Further cementing the role of the church in personal affairs, the draft law proposes the establishment of semi-judicial committees at different courts to deal with issues of personal status for Christians. Falling directly under the authority of the church, these committees would be headed by bishops and include clergymen, legal, psychological and social advisors. The Justice Ministry would handle the approval of the formation of these committees.

The law would also immunize the decisions made by church courts against any legal procedures:

The current draft law stipulates that only the church’s clerical council is entitled to issue second marriage permits to Christians and asserts that the refusal to do so cannot be appealed through the state judiciary, as it is “a religious ecclesiastical decision.”

The Coptic Orthodox Church and marriage

Abuna Dawud Lam'i is a typical representative of the prevailing conservative and fundamentalist trend within the Coptic Orthodox Church

Pope Tawadros, like his predecessor Shenouda, has repeatedly state that he regards civil marriage as unacceptalble from a theological point of view and moreover unconstitutional. He gives a longer statement about his views on the Personal Status issue an interview on 26.12.2014

in  al-Misri al-Yawm.

The church tries to influenced the marriage choices of the flock and revent the remarriage of divorcees through compulsory consultation sessions.

In July-August 2015 the Church revamped the Clerical Council, the institution in charge of making decisions on divorce nad remarriage cases.

al-Kiraza, 21 August 2015

Bishop Daniel, Head of the Clerical Council in Cairo, explains the new developments to al-Misri al-Yaum. While Daniel seems to lean towards the liberal side and even muses that the church might accept civil marriage, his conservative counterpart seems to be Bishop Bula, head of the Clerical Council. See the following interview with Mustafa Bakry, al-Hayat, 18.8.2011 (upload date) and summary.