The Coptic Orthodox Church said the new personal status draft law aims at resolving 75 percent of the problems faced by Coptic Christians, while some argued that it increase problems. They called for a law for civil marriage away from the authority of the Church.
In an interview with Al-Masry Al-Youm, Bishop Daniel, president of the Cairo and Giza Ecclesiastical Council, said that the Church does not mind civil marriage, and that the new draft law permits divorce without a court ruling.
Q: How is the new draft law different from the old personal status law?
A: It divides the Ecclesiastical Council into six regional branches. In other words, disputes would be handled by each incumbent branch respectively.
As to the issue of divorce, the old law allowed divorce only in case of adultery. Later in 2008, the Milli Council added to actual adultery evidence of it, such as letters or diaries proving the act was committed. This was endorsed by the government.
We have added more causes that can lead to adultery and consequently allow divorce, such as a man constantly beating his wife or a man abandoning his wife for three years and not knowing anything about her.
The incumbent branches first try to resolve these issues amicably. If not, they send their recommendations to the Ecclesiastical Council to handle it itself.
Q: Some claim it is difficult to file a request because the council insists on attaching a court ruling to it.
A: The new draft law has abolished this procedure to make it easier for the applicants. They get the court ruling after the council approves the divorce.
Q: How will you coordinate with the courts to implement the new law?
A: The problem is that the Church will apply the law without it being activated by the government. An applicant may obtain approval for divorce from the Church but his request may be rejected by the courts because they work by the old law.
Q: What did the Church do about that?
A: The Pope met with the Justice Minister to solve this problem. You see, the courts can issue a civil divorce and the church can issue a canon divorce. But in both cases, the applicant needs a final court ruling.
Q: Bishop Nicholas of the Greek Orthodox Church said the draft draft law was not approved by all Christian denominations. Is that true?
A: The draft law was issued under the auspices of Pope Tawadros to take into consideration the conditions of all denominations. The Greek Orthodox community is small in number, but its opinion should definitely be respected.
Q: Should it be put forward to a community dialogue?
A: As long as it is objective. But it will take time and stall the issuance of the law. People want it issued fast.
Q: What if the community dialogue suggests a law for civil marriage away from the authority of the Church?
A: The Church does not recognize a civil marriage. It only recognizes a canon marriage because it is a sacrament of the church. But society recognizes civil marriages.
Q: Will the new law resolve 75 percent of personal status problems?
A: We hope so. It shortens the time for studying requests. We are now considering old requests, and we are at the same time receiving new ones so as to eliminate waiting lists.
Q: Is there a deadline for deciding on a request?
A: One year.
Q: Are mobile phone messages and chats on social networking sites causes for divorce?
A: We study them carefully because these can be manipulated with techniques like photoshop and other ways.
Q: Why were there protests inside the cathedral during the Pope’s sermon?
A: The Pope received in his office the four people who have protested during the sermon and told them that his office is open for everyone anytime.
Q: Is the Pope being exposed a conspiracy as Archbishop Morcus Royce claimed?
A: I have no proof, but there are indications. For example, who was behind the four people, who do not know each other, for them to yell and scream during the pope’s sermon?
Q: What do you think of the Copts who are collecting signatures to withdraw confidence from the Pope?
A: This is unacceptable.
Q: Has the Church activated the new law as of July?
A: Yes.
Q: How many divorce requests are you examining?
A: 207 in Cairo and 54 in Giza.
Q: What about the old requests?
A: Requests that were approved will be granted final approval after a court ruling. Other requests that were rejected will be re-examined in light of the new regulations.
Q: When did you start receiving new requests?
A: As of the first of July.
Q: How are the branches of the Ecclesiastical Council formed?
A: Of five members, including a bishop, two priests, a physician and a legal adviser.
Q: Can decisions of the Ecclesiastical Council be challenged?
A: Yes, if new evidence is presented.
Q: Many claim the 1938 regulations were better and more understanding. What would you say to that?
A: The new regulations are better and more modern. They recognize more causes for divorce.
Q: Does the invalidity of a marriage contract give both parties the right to marry again?
A: It depends on the situation. For example, if a husband is an addict and his wife knows it, the contract is not invalidated. But if she did not know, it is invalidated and she can marry again.
As to the husband, he must be treated first before he is allowed to marry again. And his new wife must be told that he was an addict and was married before.
Q: What does the Church require from couples who want to get married?
A: Medical tests. Also, we organize seminars to educate them on their rights and duties.
Q: Does the new law prohibit change of denomination as a cause for divorce?
A: Applicants will no longer have to do so to get permission for divorce.
Q: Some claim that “No Divorce Except For Adultery” was said by Pope Shenouda III and was not a verse from the Bible. What would you say to that?
A: It was mentioned four times in the Bible and in the three Gospels in a variety of ways.
Q: What if the new parliament rejects the draft law?
A: We should not assume that, but the Pope will decide if this happens.
Edited translation from Al-Masry Al-Youm
