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February 25, 2006
Customary Marriage and Paternity Testing Laws in Egypt
A recent landmark case regarding paternity testing in Egypt has brought the issue of customary marriage and the backwardness of Egyptian paternity legislation into the spotlight.
The reason the case caught the attention of so many is that it involved the young son of a famous Egyptian acting couple. Sumia al-Ulfi and Farouq el-Fishawi are now estranged but their son Ahmed upon reaching his early twenties was propelled into the limelight due to his parentage and good looks. The twist that made the case even more explosive is the fact that Ahmed, just as his acting career was taking off, rejected his Westernised background and career and instead embraced the principles of Islam, becoming the poster boy for the Amr Khaled (popular noveau trendy preacher) generation and the campaign to call Muslim youth back to their roots.
Ahmed began fronting a religious youth show entitled Yallah Shabab on MBC and made religion fashionable for thousands of swooning teenage girls. Imagine the denial (no awful pun intended) when shock, horror, young graphic designer Hend el-Hinnawy, a few years his senior, claimed that she and Ahmed had forged a customary marriage in secret and that she was pregnant with his child.
She claimed that he had begged her to abort and told her that it was all halal and permissible since he had consulted his preacher friends. When she refused is when the proverbial shit hit the fan. At this point very few believed her and the whole Arab World denounced the affair as a plot against the fresh-faced, doe-eyed Ahmed and an attempt to scupper the Islamic revival he was spearheading. To their disappointment and dismay, after the child was born Ahmed broke down and admitted that he had had a sexual affair with the woman in question, but they had not married. In addition, he claimed that he did not believe the child to be his (Premarital Relationship Ethics of Arab Males 101: if she's sleeping with you, she's banging everyone else in town. Never figured out if this was a fundamental belief that all women are essentially tarts or some inferiority complexed sub-conscious inability to accept that said woman may be in fact sufficiently in love with any Arab man to stay loyal).
At this point, the cheerleaders on his side of the court packed away their pom-poms and went home to rip his posters off their walls. Hend immediately applied for a DNA test and the case was heard in the courts for months while her father and Ahmed's campaigned in the media on behalf of their children and even squared off on Lebanese television. Hend herself bravely suffered the slings and arrows of being a mother to an ostensibly illegitmate child while Ahmed disappeared from Yallah Shabab and kept a very low profile.
Recently, the courts decided that under Egyptian law, Ahmed would not be recognized as the father even if the paternity test showed otherwise, and that Hend's daughter would have to remain fatherless. In the subsequent uproar (a heartwarming if belated one), the issue of customary marriage and the cases of thousands of fatherless babies were exposed. Customary marriages that produced children who subsequently saw fathers disappear or deny the affair leave the children and mothers stranded. The Ahmed el-Fishawy case further encourages men to perpetuate the system of almost total impunity under which they live. The maddening, infuriating and totally incomprehensible legacy of the issue is that Ahmad is being condemned for admitting to pre-marital sex while following a distinctly religious direction in his life. What nobody seems to be pissed off about is that he then continued to cash the unlimited number of free chips you get upon birth with male genitalia in Arabia. His case reinforces the fact that one can get caught and still manage to escape responsibility, even when that case is brought to court.
Posted by bint ash-shaitan at February 25, 2006 01:00 AM
Filed Under: Gender Issues
, Media
, North Africa
, Op-Ed
, Society & Culture
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Comments
ya ukhti,
you said
Premarital Relationship Ethics of Arab Males 101: if she's sleeping with you, she's banging everyone else in town. Never figured out if this was a fundamental belief that all women are essentially tarts or some inferiority complexed sub-conscious inability to accept that said woman may be in fact sufficiently in love with any Arab man to stay loyal.
it's the first.
urfi marriages seem to be much, much worse than mut'a in shi'ite islam. there at least it's harder for the man to claim that it never happened, as they are done in front of a cleric.
the urfi problem in egypt reminds me of khalijis taking (2nd, 3rd, or 4th) wives when they summer in lebanon or syria (or even the egyptian "riviera") and then either divorce them at the end of the summer or simply drive back home and leave them behind without any clear ending of the legal relationship. some women see it as a simple deal of "he gets me for the summer & i get stuff from him & it's all legal", but others genuinely believe that they'll be moving to ksa/gulf and embark on a new (& better) life there.
--raf*
Posted by: raf* at February 24, 2006 08:41 PM
Well, on the rule, it is rather universal I should think.
Posted by: The Lounsbury at February 24, 2006 09:38 PM
What is rather universal? That men are unconscionable little shits or that women are naive simpletons?
Or both maybe?
Posted by: Bint at February 25, 2006 03:16 PM
"What is rather universal? That men are unconscionable little shits. . . ."
I'll go with that.
"or that women are naive simpletons?"
No comment.
Posted by: matthew hogan at February 25, 2006 04:01 PM
I'm going to get some popcorn.
Posted by: eerie at February 25, 2006 04:09 PM
Gotta say that this woman appears to have a great family. It's encouraging and unusual to see her father giving her so much support.
Posted by: secretdubai at February 25, 2006 06:22 PM
What is rather universal? That men are unconscionable little shits or that women are naive simpletons?
Or both maybe?
I am not quite so stupid, even with my toxic chemicals, to answer the last two clauses, but as to the first, my study of human nature through my years in NY, emerging markets, London, etc. indicates to me that assuming the worst is usually a good point of departure.
Of course, with respect to 'urfi marriages as practised by the Egyptians (or Masaroua as we like to call them out West), obviously the lack of written evidence is... well... prejudicial, and given men can get away with denail rather more easily, obviously inferior to Shia mut'a (which I find to be quite interesting really, given my almost entirely contractual approach to life).
I do confess a certain fondness of Maghrebine 'Araaf and would highlight (given my own experience in the area, at several reprises thus merely indicating what a glutton for punishment (or obsessive) I am) a factor: the dead hand of the state and bureaucracy in the areas of registration.
Of course, the court's decision with respect to the paternity issue and DNA testing is simply daft and goes against any kind of use of their meager 'aql; but then that's why we have 'aqoul, to bang them upside the head.
Sorry about that last, I was personally entertained by my own meager cleverness.
Posted by: The Lounsbury at February 26, 2006 04:04 AM
Oh L-I am not quite so stupid, even with my toxic chemicals, to answer the last two clauses
You're not going to play? Pity
Secret, indeed, that is probably the only encouraging thing about this fiasco, her father is quite the crusader.
Matthew- please oh PUHLEASE feel free to comment, I can't wait.
Posted by: Bint at February 26, 2006 08:40 AM
The whole 'urfi issue (and the associated consequences) is just a sad statement on how tough it is to simply get married in Egypt. Takes too long to save up for an apartment/furniture (if you can even find an apartment in Cairo). Men and women theoretically can't have sex until they marry, but can't get married until they have living arrangements. I imagine it must be quite maddening for them wait until late 20s/early 30s to have sex.
Re the universal rule, well, I reserve the right to be an unconscionable little shit regardless of my gender. As for women being naive simpletons, probably not useful to generalize (and I certainly shouldn't, having hardly any female friends myself).
Posted by: eerie at February 26, 2006 01:01 PM
Packing up my toys and leaving- chicken shit swine the lot of you...
Posted by: Bint at February 27, 2006 02:40 PM
Right with respect to the issue of getting married in Egypt. At its core, there is an economic issue - lack of housing, lack of affordable housing, lack of opportunity for young people in terms of getting proper work.
All devolves back to the old Nasserist socialist regime and its complete failure to generate long-term economic growth and opportunity. Mubarek and as-Sadat have puttered around the edges, but the whole insane vampire state edifice remains largely untouched.
Posted by: The Lounsbury at February 27, 2006 02:59 PM
Bah, you're the one in the land of mutaouine hick 'aroubi whackos.
(and I do recall for all and sundry that in Maghrebi dialect, 'aroubi literally means "backwards uncouth hicks")
Posted by: The Lounsbury at February 27, 2006 03:03 PM
" I imagine it must be quite maddening for them wait until late 20s/early 30s to have sex."
I think we should check with Dr. Kapoor in Bombay on that.
Posted by: matthew hogan at February 27, 2006 10:03 PM
Posted by: dubaiwalla
at May 29, 2006 05:41 AM
dubai-w:
Unfortunately the article doesnt tell us precisely what that ruling actually decided.
Posted by: matthew hogan at May 29, 2006 07:54 AM
dear mk,
the court decided that the biological father is the legal father of the child, meaning that he has to provide for support, that the child can get registered, get a passport, etc. this a huge step.
i know it sounds weird, but a child without a father legally doesn't exist.
read the details here:
http://www.sandmonkey.org/2006/05/24/great-news-hind-al-hinnawy-won-the-law-suit/
--raf*
Posted by: raf* at May 29, 2006 08:18 AM
Thanks raf*.
I suspect this language is not precisely from the original opinion, but it makes the point quite well:
"a precedent that can be used from now on in paternity suits against dickheads who refuse to acknowledge their children."
Hmmm, I guess being on strike makes the Egyptian judiciary that much better.
Posted by: matthew hogan at May 29, 2006 11:28 AM
if you will come to egypt and meet me , I is sure you will forget your want from net and the chat , just you look to me ,and not you run from your promise to me about your visit to egypt , call me at
and you will see what I will do to we marry
Posted by: mohamed at October 28, 2006 11:39 AM
Speaking of dickheads...
Posted by: Bint at October 28, 2006 01:19 PM

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