A network of women’s rights associations in Egypt is expected to introduce a draft Personal Status Law on Monday that will include articles restricting polygamy.
The draft will deal with a number of issues, including engagement; marriage; marital obedience; alimony; Khul (a woman’s right to file for divorce under Islamic law); divorce; polygamy; child custody; and wealth sharing, along with other personal status-related matters.
The draft law also aims to restrict polygamy without criminalizing the practice by stipulating that the marriage of a man to more than one woman can only be permitted by a court that finds he is able to afford the additional financial burdens involved.
The draft law also states that “forcible divorce” be decided in court to ensure that husbands pay all monies rightfully owed wives after divorce. It also gives the wife the right to half of the husband’s wealth after divorce, taking into account recent economic changes and the possible inabilty of the wife’s family to support her.
Mohamed Raafat Othman, member of the US-based Islamic Research Academy and Muslim Jurists Council, announced his rejection of the proposed law’s terms. He asserted that the draft law violated Islamic law, saying it promoted “western” lifestyles incompatible with Islamic provisions.
“Polygamy in Islam is clearly sanctioned in the Quran, which means it’s permitted in Islam,” Othman told Al-Masry Al-Youm, pointing out that Prophet Mohamed and his companions had married more than one woman.
Othman, went on to note that, while polygamy was banned in the West, it was not uncommon for married men to take more than one mistress. “Which is better? A second wife with the same rights as the first one? Or numerous mistresses?” he asked.
“Western culture is not a good example to be followed,” Othman said. “It has many drawbacks, along with being incompatible with good morals and Islam.”
He went on to ask why a woman should receive half of her husband’s wealth after divorce. “It’s not her right. It’s just blind imitation of the western system. She is only entitled to her dowry and a maintenance stipend.”
Translated from the Arabic Edition.
