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Advancing Women's Rights

 
Event Summary
Advancing Women's Rights
June 28, 2005

Event Featuring:

Mona Zulficar

Overview

Event Summary

Although the 1956 civil code defined equal rights for men and women, the family law restricted women’s rights, particularly their ability to divorce. While man had to request a divorce, an Egyptian woman had to prove both material and moral damages. The legal imbalance of power to terminate a marriage motivated activists, such as Zulficar, to “break the dichotomy.”

Women’s rights activists used shari‘a to bolser their campaign for equality as, Zulficar asserted, shari‘a calls for complete equality between men and women. Critics charged that increased freedom for women, granted by changes in the legal code, would destroy the family. Using the shari‘a discourse and strong allies in the government, specifically at the Ministry of Justice, the media, and a multitude of nongovernmental organizations, women’s rights activists worked toward several significant changes to advance women’s rights.

Considerable progress has been made since 1985. A woman who requests repudiation no longer has to prove cause or damage. In 2004, new family courts were established that provide psychological, social, and legal services. Another major accomplishment that year was the reformation of the Nationality Law, which protects children’s rights; children can now maintain their Egyptian nationality regardless if they have a foreign parent. Another example of women’s legal empowerment is the election of the first female judge to serve on the Supreme Court.

While the legal struggles continue, organizations at the grassroots level for women’s rights in Egypt are engaged in the political process. Women’s rights organizations, such as the National Council for Women, do not restrict the scope of their activism to Cairo’s elite, but work throughout the country with women of all income levels to ensure an open and engaged environment for all Egyptians. However, Zulficar emphasized that women facing economic hardships are less motivated to fight for their legal rights.

Looking forward to the 2005 elections, the next step for the movement is affirmative action, or “positive discrimination for women,” in the political realm. Zulficar would like to see the implementation of a quota system to ensure that women play a greater role in Egyptian politics and, in turn, “help change the culture.” Redrafting a family law that includes restrictions on polygamy, equal access to divorce for men and women, and more equitable custody of children will be at the top of the agenda.

Zulficar stressed the importance of the Egyptian women’s rights movement as a “national social cause” rather than the product of a Western agenda or a competition between the genders. Additionally, organizations in other Arab countries study the women’s rights movement in Egypt, “exchanging notes” with some success, as seen in Kuwait, Jordan, and Morocco.

There is no doubt that Dr. Zulficar and other Egyptian women’s rights activists still face considerable challenges. Despite significant legal accomplishments, Dr. Zulficar expressed one of her aspirations: the creation of a uniform civil code applicable to all Egyptians, regardless of their religious affiliation. Advancing women’s rights in Egypt will take time and effort, but Zulficar and other women’s rights activists inspire people to look forward with a sense of pragmatic optimism.

About this Event

Dr. Zulficar described the impetus for womens rights campaigns as a "sense of threat." The trigger for the modern Egyptian women’s rights movement followed President Sadat's assassination, when his amendment to the family law was declared unconstitutional in 1985. As Dr. Zulficar explained, the status of Egyptian women was set back to legal codes from the 1920s, forcing them to go to the streets and campaign for [their] rights.

Speaker Details

Dr. Zulficar is a member of the National Council for Human Rights and the National Council for Women. She is senior managing partner at the Shalakany Law Office, an Egyptian firm specializing in international corporate law practice. Dr. Zulficar serves as an advisor to the Ministry of Economy, the Capital Market Authority, the Ministry of Housing and the Central Bank of Egypt.

Attributions

Kelly A. Sheridan is an intern at the Middle East Institute and senior at Wellesley College.

Disclaimer: Assertions and opinions in this Summary are solely those of the above-mentioned author(s) and do not reflect necessarily the views of the Middle East Institute, which expressly does not take positions on Middle East policy.
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