EGYPT: COURT GRANTS CUSTODY OF SONS TO COPTIC MOTHER


But twins will keep father’s Muslim identity in their records, creating future problems.

LOS ANGELES, July 1 (Compass Direct News) – A Christian mother in Egypt has won custody of her twin sons from her estranged husband, who had converted to Islam and claimed them according to Islamic legal precepts.

The now 15-year-old boys, however, will still be considered Muslims despite their desire to remain Christian.

On June 15 the Egyptian Court of Cassation ruled that Kamilia Gaballah could retain custody of her sons Andrew and Mario, even though the father converted to Islam and the boys’ religion also changed as a result.

If the court does not allow them to return to Christianity, the family will open up another court case, said their older brother George Medhat Ramses.

“Up until now the court said they would have the right to choose their faith,” said Ramses, 21. “But if they don’t, we will start another trial. This is the only way.”

The decision overturns a September 2008 ruling by the Alexandria Appeals court that had granted custody of the twins to their father, Medhat Ramses Labib, due solely to his conversion. During this time Gaballah lived in constant fear police would take away her sons.

The ruling also affirmed Article 20 of Egypt’s Personal Status Law, which states children should remain with their mother regardless of religion until age 15, over that of the Hanefi School of Islamic jurisprudence, which says that a child must be granted custody to the Muslim father in an inter-religious marriage once he or she becomes 7.

But the Egyptian Initiative for Personal Rights (EIPR) advocacy group noted that while the court ruled a woman cannot be denied custody of her children solely on her Christian faith if her husband converts, children can still be removed from her home if there are “fears for the child’s faith.” An ex-husband or his family could easily exploit this clause, the human rights group said.

According to Gaballah, the trial was not a matter of custody rights but was religious in nature from beginning to end.

“My opponent is not only my divorcee; my opponent is everyone who hears this story and wants Andrew and Mario to become Muslims,” said Gaballah, according to Copts United advocacy group.

Mario and Andrew turned 15 in June. On their 16th birthday, they must apply for Egyptian identity cards, which factor heavily into Egyptian daily life. Barring another court battle, their religion will still be registered as Muslim.

Because of this predicament, the court verdict that granted the twins’ mother full custody only solved half of their problems, said Naguib Gobraiel, a lawyer familiar with the case.

As registered Muslims, they could face harassment while attempting to practice their Christian faith. And while they could marry Christian women, their future children would be registered as Muslims, following the Islamic dictum that children take the religion of their father.

“The court didn’t give them the right of freedom to choose their religion,” Gobraiel told Compass. “We must ask ourselves how the children are permitted to stay with their mother but must follow the religion of another man.”

Until then the family is worried that the court will not allow Andrew and Mario to return to their Christian faith and are taking every precaution. Last Wednesday (June 24) they appealed to the Ministry of Internal Affairs to have their birth certificates state their Christian faith. They had been recently changed to retroactively show the boys’ birth status as Islam.

A Longstanding Battle

The controversy began in 2007 when a court ordered the twins to take Islamic education within the Egyptian school system due to the conversion of their estranged father from Christianity to Islam.

The twins refused to take their Islamic religion exam required to pass the next grade. “I am Christian,” each boy wrote on a make-up test in July. They turned in the exam with all of the answers left blank.

Their father converted to Islam and remarried in 2002. He changed the religion of his sons to Islam in 2006 and applied for custody even though he had not lived with the family. According to sharia (Islamic law) custody of minor children and influence over their religious status belongs to the Muslim parent.

The case reflects the tension in Egypt between civil and religious law. While Article 47 of Egypt’s civil law gives citizens the right to choose their religion, Article II of the Egyptian constitution enshrines sharia as the source of Egyptian law. The same tension has inhibited recent attempts by other converts to change their official religious status from Islam to Christianity.

Rights groups said the court order is good news for Gaballah and the twins, but it does nothing to address discriminatory policies of Egyptian law that attach a child’s faith to a parent who chooses to convert to Islam.

“It is regrettable, however, that the highest court of the country chose to treat the symptoms and ignore the root causes of the problem – changing the religious affiliation of Christian children whose parents convert to Islam without the slightest regard for their will or that of their Christian mothers,” said Hossam Baghat, director of the EIPR, in a statement.

Gaballah has fought with her ex-husband over alimony support and custody of sons Andrew and Mario in 40 different cases since he left her and converted to Islam so that he could remarry in 1999.

Report from Compass Direct News 

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EGYPT: COURT GIVES CHRISTIAN BOYS TO MUSLIM FATHER


Despite a fatwa from the Grand Mufti, Alexandria judge denies custody for mother.

ISTANBUL, October 2 (Compass Direct News) – Following the Appeal Court of Alexandria on Sept. 24 granting custody of 13-year-old Christian twins to their Muslim father, their mother lives with the fear that police will take away her children at any moment.

Kamilia Gaballah has fought with her ex-husband Medhat Ramses Labib over alimony support and custody of sons Andrew and Mario in 40 different cases since he left her and converted to Islam so that he could remarry in 1999.

The court ruled in favor of Labib in spite of Egyptian law’s Article 20, which grants custody of children to their mothers until the age of 15, and a fatwa (religious ruling) from Egypt’s most respected Islamic scholar, Grand Mufti Ali Gomaa, giving her custody.

“This decision was dangerous because it was not taken in accordance with Egyptian law but according to sharia [Islamic] law,” said Naguib Gobraiel, Gaballah’s lawyer and president of the Egyptian Union of Human Rights Organizations.

He explained that Egypt’s civic code calls for children under the age of 15 to stay with their mother regardless of their religion. Gobraiel said that sharia tends to favor the Muslim parent in such cases.

“They want to stay with their mother,” said Gobraiel. “They don’t know anything about Islam and sharia. They are Christians and go to church on Sundays.”

The twins have publicly stated their faith, and during a test in a mandatory religious class two years ago they scribbled only, “I am a Christian” on their answer sheets and otherwise turned them in blank. The twins intend to go on a hunger strike if they are forced to live with their Muslim father, whom they hardly know, sources said.

“We only want one thing,” said Gobraiel. “We want the law to be applied in our cases like this one, not the sharia, because the government owes us citizenship. This is a civilized, secular country, not a religious country.”

The decision of the presiding judge, El Sayed El Sherbini, to give the father full custody is not even based on sharia but is purely arbitrary, Gaballah and her eldest son George Medhat Ramses claimed, since the country’s State Mufti had granted custody to the mother in April 2006.

“We don’t want to give them to anyone or comply with the sentence,” Ramses told Compass. “All the legal ways have been wrong to us. We’ve been trying to make it as legal as we can, but the court has not been fair.”

Ramses, 21, who is also a Christian and lives with his mother and two little brothers, said the judged showed bias in favor of his father because he converted to Islam shortly after he left Gaballah.

“The decision was unfair and oppressive,” Gaballah told Compass. “I am treated differently than other Egyptians, as if this is not my own country.”

Gaballah, who has been fighting to keep her sons since the court decided in 2006 that custody of her sons should be given to her ex-husband, fears that her children will grow up without hope and a sense of justice.

“I am so sad and afraid about their psychology,” she said, “because they are facing something that is fundamentally against all the principles I have taught them.”

Gaballah said she is ready to keep fighting with the few means left in her power to keep her sons, even if it means tarnishing her with a criminal record by not handing them over to their father.

“And I’m determined to get justice in my own country, because it is my natural right and my sons’ right,” she said. “I cannot see how I can comply with the people who are taking my rights away from me and taking my children from me to give them to an unworthy father and another woman.”

Labib is now married to his third wife, with whom he has a 4-year-old son. He is a businessman working in exports and travels between Alexandria and Cairo.

Gobraiel said that he intends to send a clear message to Egypt’s President Hosni Mubarak and the international human rights community that judgments like this one are hypocritical on the part of a government that claims to be “civilized.”

“How can they think we live in a civilized and secular country when they are applying sharia law on us?” he asked. “We will send a message to human rights organizations in Egypt and around the world to help us. We are angry and we want to declare it!”

 

Problematic Birth Certificates

Even under their father’s custody, the twins have the legal right to live with whomever they choose in two years, when they turn 15. But Ramses said he doubts the court would let them return to their mother.

“The same law that states that they should stay with mother until the age of 15 is the one that says they can decide where to live after the age of 15,” he explained. “If the court didn’t apply the first part of the law, they won’t apply the second.”

At the age of 16, when Mario and Andrew apply for their identification cards, they will face yet another hurdle, said Ramses. In 2005, Labib went to the population register and changed the twins’ birth certificates from Christian to Muslim, to reflect his own religion.

Now Ramses fears that a Sept. 23 court ruling in the case of Bahia Nagy El-Sisi, sentencing her to prison for three years for “forgery of an official document,” could be what awaits him and his little brothers. Nagy El-Sisi’s father had converted to Islam briefly in 1962, when she was 3 years old, and her documents were never altered to reflect the change as she remained a Christian. She and her sister discovered that their father had temporarily converted to Islam when the sister, Shadia Nagy, tried to issue marriage papers for her son.

Shadia Nagy was sentenced to three years in prison in 2007, also for “forgery.”

“These women are us in the future,” said Ramses.

Over the past few years, as Christians have found out about the twin boys’ case, Ramses said many have called them to give support. Many also have pledged to go on a hunger strike with the boys if they are handed over to their father.

“Christians see them as Coptic heroes and martyrs who stood up in front of all and said they were Christians and held on to it,” said Ramses. “All of them say they see the greatness of their ancestors and Christian heroes of long ago in them … and they carry a lot of respect and love for what they have done.”

Report from Compass Direct News