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.