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Campaigns to Save Unregistered Children in Egypt

Logo of New Women Organization

By Mohamed Gamal Arafah, IOL Staff

CAIRO, November 18, 2005 (IslamOnline.net) - An Egyptian official study revealed that more than 14,000 children born of unregistered marriages have no legal standing after their fathers refused to claim them, prompting human rights groups to lobby for "official recognition" of these children.

The study, prepared by a ministry of Social Affairs' office of family and children rights, showed most of the marriages were of Egyptian women to citizens from Arab Gulf states.

Most of the wives come from poor families in the countryside, according to the survey.

Southern Giza slumps of Hawamdiya and Tamuh recorded the highest rates of unofficial marriages between poor Egyptian girls and Arab nationals.

Some 84 cases of paternity denial were filed by women of these two areas, according to the survey.

Nationals from Kuwait ranked first among the defendants, followed by Saudi Arabia, UAE, Oman and Bahrain.

The figure of 14,000 does not include all cases as many others fear public shame in the conservative country and did not file cases, resorting instead to giving their children names of some relative of the mother, other than that of original fathers.

Phenomenon

Unregistered marriage, in Arabic known as "zawaj Urfi", means a man and woman, with the presence of two witnesses, sign a paper that works as a marriage document and the husband usually keeps both. No official papers register the marriage and no magistrate is present.

The phenomenon has long been debated in the Egyptian society, especially after spreading widely among youth.

The debate sheds light also on unregistered marriages among Egyptian young women in poor areas and Arab nationals.

Unregistered marriage normally meets some marriage requirements – notably the witnesses -- but it lacks other fundamental factors; notably publicity and documentation.

According to IOL Shari'ah section, marriage in Islam is essentially a social contract, and so long as it is contracted conforming to the stated requirements, it shall be deemed valid.

The stated requirements of marriage in Islam are as follow: Full consent of both partners to the marriage, expressing the above consent through ijab (offer) and qabul (acceptance), finally the presence of two reliable witnesses. Apart from the above, in the case of females, their guardian’s consent has been considered essential for the validity of marriage according to the majority of imams and scholars.

Although some people may consider legalization as being not so crucial, Sheikh Ahmad Kutty insists that it is quite crucial and essential; it is not advisable for anyone to get married without legal papers.

Urgent Action

Four non-governmental organizations (NGOs) have embarked on a campaign to get the government to register the thousands of children through temporary birth certificates until the NDA analysis and further legal procedures settle the issues.

New Women Organization, Egyptian Children's Rights Organization, Women Affairs Organization and Helwan Community Development Organization have taken action to push the government into solving the problem of those children before they face horrible future.

"The four organizations are determined to get the government to act and register the children with their mothers' data for the time being until court rulings were issued," Lamia'a Lotfi of the New Women Organization told IOL Thursday, November 17.

The NGOs called on the government to issue a law considering use of DNA tests as an evidence of proving fatherhood as the analysis gives 96% correct results, according to the activist.

"The government has to pay for the DNA analysis," said Lotfi.

Currently, Egyptian courts consider blood analysis an evidence, which gives only 40% correct results, said the women rights activist.

Parliament

The four organizations started their campaign two months back, said Lotfi, adding that it targeted the legislators and judiciary to give a final decision on the issue to end the suffering of the children and their mothers.

"Those children would not be allowed to have birth certificates, IDs or even death certificates in case they die," she said.

"The only positive response so far has been received from some media," she maintained.

"What we are working hard on now is to take the case to the parliament as the major tool of legislation in Egypt," she said.

The statement issued by the organizations made it clear that Egypt is a signatory of a number of international agreements on children's rights including a name, a parenthood and a nationality.

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