Victory for women’s rights:

The Supreme Constitutional Court rejects constitutional challenge to Al Khol Law

 EOHR welcomes a verdict by the Supreme Constitutional Court issued on December 15, 2002 that upholds the constitutionality of the Al Khol law (forced divorce due to the will of the wife).

In that case, a wife used her legal right to obtain a divorce by Al Khol in which husband has no right of appeal. The husband filed a case against the Prime Minister requesting the abolition of the law, claiming it was unconstitutional and in conflict with Islamic Shar’ia law. States Attorney demanded the rejection of his claim arguing that a Memo prepared by the States Cases Body had already considered the law and held it to be constitutionally valid.  The Memo also stated that Al Khol did not violate the right to appeal to higher court.

 Al Khol (Article 20) was issued in 2000 with Law No. 1 of 2000 and was designed to regulate court procedures in personal affairs cases. The amendment was welcomed by women’s rights and human rights organizations as a victory for women, as it ensured fast and efficient divorce proceedings. Formerly, women desiring divorce were forced to wait long periods (often years) before obtaining a verdict.

 EOHR welcomes the verdict and commends the Supreme Constitutional Court for its ongoing role in upholding human rights and public freedoms in Egypt.