EGYPT: MUSLIM REFUSES TO GIVE CHILD TO CHRISTIAN MOTHER


Court grants custody of 3-year-old to woman, but police refuse to enforce order.

ISTANBUL, December 19 (Compass Direct News) – Egyptian authorities have refused to hand over a 3-year-old girl to her Christian mother even after a court granted her custody in a legal battle with her Muslim ex-husband.

Mervat Reszqallah of Tanta, 60 miles north of Cairo, was granted custody of her toddler daughter, Barthenia, by Judge Emaad Eldean Abedelhamed of the Court of Tanta on Aug. 7.

Police, however, have refused to implement the court’s decision to take the child from her father.

“Many times [the police] have ignored this decision, because they see the aspect of religion,” said human rights lawyer Naguib Gobrail, who said police favor the Muslim father.

Fady Farhaat Labbib converted to Islam in May of 2006 in order to divorce Reszqallah and marry another woman. He applied for custody of Barthenia in order to raise her as a Muslim. This has kept the police from doing their duty, said Gobrail.

“The police insisted that the daughter must follow the father, because they are afraid she will eat pork, drink wine, go to the church and be educated in the Sunday school,” he said.

Police recently summoned Reszqallah to the Tanta police station, where she spent five hours waiting for Labbib to hand over Barthenia in accordance with a police order.

Gen. Ramzy Taleab had ordered Labbib to the police station, but police reportedly did nothing on Reszqallah’s behalf when Labbib refused to hand over the child.

Gobrail said that the incident was a stunt to convince Reszqallah that police were doing their best.

“They made this order only to make the mother happy,” said Gobrail.

Gobrail said he plans to meet with Moushira Khattab of the Egyptian National Council for Childhood and Motherhood to discuss the welfare of children in mixed-religion custody battles.

Khattab, a former ambassador from Egypt to various African and European countries, was not available for comment.

Reszqallah recently returned from Lebanon, where she appeared on a Lebanese Broadcasting Corporation television program to talk about her situation. Gobrail said he hopes the publicity will lend weight to her case.

“Media can sometimes be a pressure on the authorities in Egypt, to make them ashamed,” said Gobrail.  

Report from Compass Direct News

EGYPT: CUSTODY BATTLES BRING ISLAMIC LAW INTO QUESTION


Human rights advocates look to international arena for help.

ISTANBUL, November 24 (Compass Direct News) – Egyptian human rights workers are looking to international bodies for support against Muslim judges who use sharia (Islamic law) to undermine custody rights of Christian mothers.

Despite provisions such as Egyptian law’s Article 20, which dictates that minors should remain with their mother until age 15, judges consistently rule in favor of Muslim fathers in custody disputes with Christian mothers. Islamist judges typically resort to Article 2 of the Egyptian Constitution, which states that “principles of Islamic law are the principal source of legislation.”

Sharia-based decisions that rule contrary to Egyptian statutory law have led the Egyptian Initiative for Personal Rights (EIPR), an independent human rights organization, to protest before the African Commission on Human and Peoples Rights (ACHPR). The ACHPR was formed by the African Union to oversee the implementation of its Charter on Human and People’s Rights.

An investigation, decision and recommendation by the African Commission to the Egyptian government would lend considerable weight to the EIPR’s efforts to enforce Egyptian Personal Status Law, which states explicitly the mother’s right to custody of her children until they reach age 15.

The EIPR’s complaint before the African Commission accuses the Egyptian government of violating the African Charter on Human and Peoples’ Rights, which Egypt ratified in 1984, the human rights organization said in a Nov. 10 statement. The EIPR referred to the case of 13-year-old twins Andrew and Mario Medhat Ramses, whom an appeals court awarded to their father Medhat Ramses Labib on Sept. 24 after a custody battle.

“The government’s treatment of the boys’ mother, Kamilia Lotfy Gaballah, constituted discrimination based on her religion and violated her right to equal protection before the law,” the EIPR stated. “The case also charges that the government violated the two boys’ right to freedom of religion and contravened the state’s legal obligation to protect child rights.”

The boys’ father, Labib, converted to Islam in 1999 after divorcing Gaballah to marry another woman. In 2006 Labib altered the official religious status of the boys and later applied for custody.

“Obviously in this custody decision, it is a flagrant disregard of the Personal Status Law, which ensures custody for the mother until the children are 15 years old,” said Hossam Bahgat of the EIPR. “In this case the judiciary chose to ignore statutory law and apply their own interpretation of sharia.”

The long-running case of the twins exemplifies the problem but is in no way unique. Sisters Ashraqat Gohar, 12, and Maria Gohar, 8, were taken from their Christian mother in January and placed in the custody of their Muslim father, Wafiq Gohar, despite his criminal record and the 12-year-old’s claims that he is an alcoholic.

The court ruling referred to Wafiq Gohar’s fears that “[the girls] would cherish a religion other than Islam, eat foods that are banned in Islam and go to church” as determining factors in their decision.

“It is a big problem we are facing in Egypt,” said Naguib Gobrail, president of the Egyptian Union of Human Rights Organizations. “The decision of the court clearly stated that according to Article 2, the main source [of legislation] is sharia, so the judge cannot apply the natural law.”

More recently, 3-year-old Barthenia Rezqallah of Tanta, near Cairo, remains in her father’s custody, despite a court order that she be returned to her mother pending a final verdict. Police have turned a blind eye to the court order out of fears that the child will practice Christianity rather than Islam, said Gobrail.

Gobrail said that international pressure may be the solution.

“Maybe a connection with someone of international character connecting with President [Hosni] Mubarak is the only way,” he said, “because he has the authority to give orders to the National Assembly to issue a law to make things equal between Muslims and Copts, especially for the children.”  

Report from Compass Direct News