It is rare for a minor detail in a law to spark such heated debate as the one provoked by Clause 22 of Article 1 of the Social Security and Financial Support Law. A seemingly innocuous issue, concerning the definitions of divorced Christian women, sparked a controversy that resulted in its discussion being postponed to a future parliamentary session.
The debate erupted during the plenary session, with the intervention of MP Mervat al-Kassan, who objected to the mention of “religious divorce” in the text of the law. She pointed out that there is no official divorce procedure in the church, but rather an authorization to remarry for those who obtain a divorce decree from the court.
Al-Kassan requested that the phrase “or her representative” be added to the mention of “the religious leadership to which she belongs.”
She recalled that “all Christian denominations confirm that there is no ecclesiastical divorce except in cases of adultery,” while divorce can be obtained by court order.
Clause 22 states that: “A separated Christian woman is one who is separated from her husband without having had a religious divorce, this being proven by a certificate from the religious leadership to which she belongs, or by a final court decision.”
Despite objections and proposed amendments, the Minister of Parliamentary, Judicial and Political Communication Affairs defended the current wording, considering that it is a matter of practical application.
Speaker of the House of Representatives Hanfy al-Gebaly stressed the importance of the current wording, specifying that divorce in Christian law is a serious matter.
MP Kassan maintains her refusal to include the term “religious divorce” in the law, explaining that divorce is established by a court decision and not by an ecclesiastical authority.
The discussions highlighted the complexity of laws governing different aspects of society and the need for open dialogue to reach just and equitable solutions. The issue of the legal definition of the situations of divorced Christian women reflects cultural sensitivities and nuances that must be taken into account in the development of laws.
It is therefore essential to continue the debate taking into account the various points of view and to adopt an inclusive approach that guarantees the rights of each individual, regardless of their religious affiliation. Democracy and social justice require legislation that respects diversity and promotes equality for all citizens.