Sex-after-death laws in Egypt

Egypt’s women urge MPs not to pass early marriage, sex-after-death laws: report

By ABEER TAYEL

AL ARABIYA

Egypt’s National Council for Women (NCW) has appealed to the Islamist-dominated parliament not to approve two controversial laws on the minimum age of marriage and allowing a husband to have sex with his dead wife within six hours of her death according to a report in an Egyptian newspaper.

The appeal came in a message sent by Dr. Mervat al-Talawi, head of the NCW, to the Egyptian People’s Assembly Speaker, Dr. Saad al-Katatni, addressing the woes of Egyptian women, especially after the popular uprising that toppled president Hosni Mubarak in February 2011.

She was referring to two laws: one that would legalize the marriage of girls starting from the age of 14 and the other that permits a husband to have sex with his dead wife within the six hours following her death.

According to Egyptian columnist Amro Abdul Samea in al-Ahram, Talawi’s message included an appeal to parliament to avoid the controversial legislations that rid women of their rights of getting education and employment, under alleged religious interpretations.

“Talawi tried to underline in her message that marginalizing and undermining the status of women in future development plans would undoubtedly negatively affect the country’s human development, simply because women represent half the population,” Abdul Samea said in his article.

The controversy about a husband having sex with his dead wife came about after a Moroccan cleric spoke about the issue in May 2011.

Zamzami Abdul Bari said that marriage remains valid even after death adding that a woman also too had the same right to engage in sex with her dead husband.

Two years ago, Zamzami incited further controversy in Morocco when he said it was permissible for pregnant women to drink alcohol.

But it seems his view on partners having sex with their deceased partners has found its way to Egypt one year on.

Egyptian prominent journalist and TV anchor Jaber al-Qarmouty on Tuesday referred to Abdul Samea’s article in his daily show on Egyptian ON TV and criticized the whole notion of “permitting a husband to have sex with his wife after her death under a so-called ‘Farewell Intercourse’ draft law.”

“This is very serious. Could the panel that will draft the Egyptian constitution possibly discuss such issues? Did Abdul Samea see by his own eyes the text of the message sent by Talawi to Katatni? This is unbelievable. It is a catastrophe to give the husband such a right! Has the Islamic trend reached that far? Is there really a draft law in this regard? Are there people thinking in this manner?”

Many members of the newly-elected, and majority Islamist parliament, have been accused of launching attacks against women’s rights in the country.

They wish to cancel many, if not most, of the laws that promote women’s rights, most notably a law that allows a wife to obtain a divorce without obstructions from her partner. The implementation of the Islamic right to divorce law, also known as the Khula, ended years of hardship and legal battles women would have to endure when trying to obtain a divorce.

Egyptian law grants men the right to terminate a marriage, but grants women the opportunity to end an unhappy or abusive marriages without the obstruction of their partner. Prior to the implementation of the Khula over a decade ago, it could take 10 to 15 years for a woman to be granted a divorce by the courts.

Islamist members of Egyptian parliament, however, accuse these laws of “aiming to destroy families” and have said it was passed to please the former first lady of the fallen regime, Suzanne Mubarak, who devoted much of her attention to the issues of granting the women all her rights.

The parliamentary attacks on women’s rights has drawn great criticism from women’s organizations, who dismissed the calls and accused the MPs of wishing to destroy the little gains Egyptian women attained after long years of organized struggle.