Family laws between the insistence of the state and the stability of the sheikhdom Articles and studies
Marriage and building a family, preserving the legal relationship and its fruits, and warning against what threatens its existence are among the purposes of the Sharia, and these are things prescribed in the five collegiums that the legislator is obliged to preserve, and the Holy Qur’an. described marriage as a vow in the words of the Most High: One of them is a centimeter, so don’t take anything from it. Will you take it as a slander and pure sin? And how to accept that when one of you confided in the other and they took a solemn vow from you}. (An-Nisa: 21-22).
Imam al-Tabari explained what is meant by a rough vow in the words of the Prophet, peace be upon him: “You took them with God’s trust, and you allowed their marriage with God’s word.”
And considering that the cohesion of the structure of Muslim society is based on compact blocks, which are families, whose contract is regulated by a solemn contract, which is marriage, these blocks have become the target of anyone who wants to dismantle the structure. society, scatter its blocks and cut its cords and bonds.
Looking at the military periods after the “free” officers took over in July 1952, we find tinkering with the family system and changing personal status laws as a recurring scene in successive military versions, confirming that it was a fixed plan, which he left behind. supreme authority and influential parties. We saw how Gamal Abdel Nasser abolished the Sharia courts, and during the Anwar Sadat era there was women’s participation, and his wife took up the task in what is known in the media as the Jihan laws, and in the same year Hosni Mubarak followed, so they Suzanne’s amendments appeared, and now we are at the door of a new phase with the government. Rashida wants to make a mark and implement her changes in family laws!
state duty
The most prominent of these changes, which caused a wave of public discontent with bitter mockery of Egyptians’ habit of dealing with disasters, was what the law announced as a new fund into which a person who wishes to marry pays a sum of money to support his family, and his family he did not form, and he often bought it with painful debts or installments. Conveniently, contrary to reason and history, because one of the duties of the state is to help young people to be virtuous, and to overcome obstacles that delay marriage, and to include in its plan what helps in building apartments and employment opportunities, as well as burdening those who want to get married with paying money into state funds, and imposing additional fees, which will have the opposite effect in refraining from official marriage and expanding the circle of prohibited things.
It came in the Book of Funds from Imam Abi Ubayd Al-Qasim Bin Salam: Abu Ubayd transmitted through his chain of transmitters from Suhail Bin Abi Salih from a man from the Ansari, he said: Umar Bin Abdul Aziz wrote to Abdul Hamid Bin Abdul Rahman while he was in To Iraq: To go before the people with his gifts, so Abdul Hamid wrote to him. in his name. He said: I paid them and there was money left in the treasury, so he wrote to him: The marriage of every young man who wants to get married. He wrote to him: I married everyone I find. .
Shaykh Muhammad bin Usaymin was asked about subsidizing the one who wants to get married from zakat money, and he said: “Yes, it is permissible to marry him from zakat and give the dowry in full. We said: Because a man’s need for marriage is urgent, and sometimes it can be like his need for food and drink, so that is why people of knowledge said: It is an obligation to marry one who is obliged to spend on a person. him if his money is sufficient for it, so that the father must marry his son if the son is to marry, and not He had nothing to marry.”
Which confirms that the recent decisions are pushing to hinder the marriage and make it difficult, the matter was brought to court and the judge issued a license to complete the contract, and the state of the Egyptian judiciary is known and the accumulation of cases and not deciding on them and postponing them for years, burdening the judges with that what is not in their jurisdiction, and what the young man will pay in the name of litigation fees And passing by the old chests, it was as if the state had turned into a large aggregate, in which there were many boxes with vows, ensuring the luxury of the guardian of the shrine.
And if the fund becomes like a dowry from the needs of the consummation of the marriage, then another divorce fund must be established, and the coming days may witness sub-funds for the intermediate stages that fall between the “two vouchers”, so that the marriage becomes a partnership of triangular hypostases, between father and mother and holy authorities.
Validity of oral divorce
And I don’t know why there is an insistence on gross interference in the divorce case, and not taking into account the occurrence of oral divorce, which is a purely scientific and legal-professional issue, and there was already a discussion about this with Sheikh Al-Azhar Al-Sharif, who formed a commission of sheikhs of justice and distinguished scholars, and they produced a study of jurisprudence in two full volumes on the validity of the occurrence of oral divorce, and that it was an established rule from the time of the Prophet, peace be upon him, until now, and from this came the statement of the Council of Senior Scholars, but they raised the issue again, without considering its dire consequences, legal and moral, because the marriage remains “state” after the husband declares the divorce until the court documents are completed, allowing the husband to have an extramarital union with his wife while she is legally divorced, and if the husband dies, he inherits it and there is no relation between them Terms and pillars, issued by the husband outside of his capacity and conscious will and with legal terms referring to divorce , which is what Muslims have settled on since the time of the Prophet, may God bless him and grant him peace, until the present day of people. In order to preserve the rights of a divorced woman and her children.
Do the current conditions in Egypt equip him for this legal luxury, do they bear the consequences of changing constants and arbitrators, and do they renew the rivalry with experts and symbols of institutions?
The reform of the education system and health structure, the Nile water file and the collapse of the currency are priorities. As for the restrictions on people in marriage and divorce, this will inevitably lead them to the door of the khul’.
