Women & gender
Egypt: Early marriage
Land Center for Human Rights
2010-07-08, Issue 489
http://pambazuka.org/en/category/wgender/65797
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Early marriage is a form of violence against women. The young female takes a responsibility with number of consequences based on a sexual relation that she did not choose to have. Moreover, the marriage takes place at an age when the young girl is not ready neither physically nor psychologically to bear the consequences of such relation.
Early marriage is a form of violence against women. The young female takes a responsibility with number of consequences based on a sexual relation that she did not choose to have. Moreover, the marriage takes place at an age when the young girl is not ready neither physically nor psychologically to bear the consequences of such relation. The Inter-African Committee (IAC) on Traditional Practices Affecting the Health of Women and Children states that early marriage is: “Any marriage carried out below the age of 18 years, before the girl is physically, physiologically, and psychologically ready to shoulder the responsibilities of marriage and childbearing.
The current situation of the phenomenon and its size:
It is a fact that trustworthy statistical data is hard to obtain since most of the marriages are not registered. Data regarding marriages under 14 years old are particularly hard to obtain.
Early marriage is characteristic of rural communities. 36% of married women in rural families married under the age of 16, where this percentage falls to 1.9% in urban areas. The Egyptian population census data mentioned that 11% of females between 16 and 19 years old are currently married or have been previously. Results of a research study done by the Social Affairs Ministry, General Direction of Women Affairs “Analytical study of early marriage phenomenon” indicated that 4 out of 14 families of the research study sample in El. Hawamedya and in Badrasheen districts have married their daughters under the legal age. 3,58% of the same sample have married their underage daughters to non-Egyptian husbands and 9,6% to an elderly husband.
Field studies in the countryside indicated that parents often resort to customary marriage to avoid the law. In this case the the father receives a receipt (Isal amana ) and they sign a customary marriage contract, when the young girl reaches the legal age, the two parties destroy the customary contract and sign a new official marriage contract.
According to the Glossary of The Marriage Contract in Islamic Law in the Shari'ah and Personal Status Laws of Egypt and Morocco, "zawaj urfi" is a customary marriage (1992, 165). In The Laws of Marriage in Islam the meaning of customary marriage is further explained:
Customary marriage means a marriage which is not officially registered. When a valid contract is made by the woman's guardian in the presence of two witnesses, the contract is sound according to the Shari'a. The recording of the contract by the hand of the official entrusted with recording marriage contracts is not one of the preconditions for the validity of the contract [under Shari'a] (Uthman 1995, 54-5).
while the above statement is true with respect to the legitimacy of the marriage according to Shari'a, additional considerations exist in Egypt:
The legislator has laid out certain rules both to prove marriage and to hear matrimonial disputes before the courts. Under the Decree No. 78/1931 in respect of the regulation of the Sharia Courts, Article 99, paragraphs 4 and 5, lays two conditions for hearing a matrimonial case before the court: (i) that matrimony be proven by a formal marriage certificate; (ii) that the ages of the wife and the husband shall not be below 16 and 18 years of hijra respectively (1990, 70-71).
In order to protect against non-fulfillment of the second part (official marriage at the legal age), the girl's parents make the future husband sign a receipt which states that he has received a certain amount of money to deliver to a third party, which in case on non-payment induces responsability under the penal code.
Motives of early marriage:
The increase in rates of early marriage particularly in the countryside goes back to a number of reasons such as:
• Rural inhabitants want to have more boys and to get rid of girls who represent a burden for the family.
• Economic reasons: Poverty is still one of the main reasons for early marriage where parents get money in exchange for their daughter.
• Customs and traditions: Fear of loosing honor represented in the girl's virginity pushes families to marry their girls at a very young age. Virginity one of the bases of marriage in religious concept.
• Reinforcement of ties between families by marrying their offspring and desire to proof manhood and virility of young boys.
• Some families marry their little girls while they are still underage to wealthy Egyptians or Arabs (from Gulf countries), who are able to meet the financial conditions of such marriages.
Harmful consequences of early marriage:
• Increase in divorce rates because incompatibility between the couple.
• Depriving the little girls from their right to choose their husband.
• Forcing young girls to undertake social responsibilities before they attain maturity.
• Health problems resulting from repeated pregnancies and birth-giving.
• Increasing the birth-giving duration of women which results in health deterioration of women and of children.
• Negative impacts on sexual health.
• Negative impacts on newborns health since it is linked to mothers' maturity and experience.
• Deformation of mother's genitalia.
• Newborn deaths.
• Mothers' deaths.
• Deterioration of mother's psychological status.
• Increase in schools dropout rates because girls leave the education system to marry.
• Increase in rates of young widows (economic burden on young women usually with no education and no income and having to raise up children).
• Ill treatment of women and young girls and violation of their human rights.
Existing legal protection:
Egyptian law:
according to Article 227 of the Penal Code no marriage contract may be documented to those who have not reached the legal age of 18, for both sexes, with no prejudice to any criminal penalty provided by another law shall be punished by disciplinary for anyone who documented marriage in contravention of the provisions of this Article, the notary who contravenes this requirement, as well as holding him accountable for disciplinary reasons, and shall be punished by imprisonment for a term not exceeding two years and a fine not exceeding 500 pounds,”.
Yet 18,2% of women in Egypt have married for the first time under the age of 16 years old, mostly in rural areas where girls are perceived as a social and economic burden. Recently, the People's Assembly voted child law number 126 for the year 2008. The law defined the minimum age for marriage at 18 years (Years of Western calendar). Medical check up for (diseases that affect the health of the married couple) before registration of marriage contract is obligatory.
International law and international treaties:
Early marriage is a form of discrimination against children. Agreement of consent, minimum age and marriage registration stated the following:
Article 101: marriage is only recognized in case of full and free consent of both parties.
Article 2: Marriages under minimum age are not recognized.
The African Charter on the Rights and Welfare of the Child (also called the ACRWC or Children's Charter): Article 21: Protection against Harmful Social and Cultural Practices
1. States Parties to the present Charter shall take all appropriate measures to eliminate harmful social and cultural practices affecting the welfare, dignity, normal growth and development of the child and in particular:
(a) those customs and practices preJudicial to the healLh or life of the child; and
(b) those customs and practices discriminatory to the child on the grounds of sex or other status.
2. Child marriage and the betrothal of girls and boys shall be prohibited and effective action, including legislation, shall be taken to specify the minimum age of marriage to be 18 years and make registration of all marriages in an official registry compulsory.
The most painful and humiliating reasons for girls' early marriage are economic reasons, where girls are treated as a good used to make benefit.
It sad to be used by one's own family, but it is even worse that this is done without the slightest feeling of guilt. The prevailing fair-less social and cultural values give men freehand in deciding for women (wives, daughters and even mothers). The decisions are solely based on men without blame under various unfair pretexts all linked to being a female. Women and girls are considered as financial and social burden that families should get rid of. They are either traded through marriage for economic benefit as well as to get rid of social and financial burden, or simply for the second reason reason.
This shows the importance of legislation and follow up on law enforcement to protect female children so that we can avoid the gap between law and its application. This existing gap is supported by the paternal society which sees females as rightless creatures, and rather as a private property of men. They should obey when ordered and marry young to fulfill the needs of her family that has nothing to do with making her happiness and personal fulfillment, and without even the right to object or complain.
The LCHR calls upon the civil society organizations and state institutions to work on improving economic, social and cultural conditions of families in the countryside in order to stop violating women rights and marrying their daughters early. Sanctions should be more strict for early marriage crimes to protect the life and health of women in the present and in the future.
The LCHR provides free legal aide and receives complaints related to farmers' laborers' women and children rights on the following address:
Address: 76 st. El-Gomhuria,8th floor flat no 67 –beside El- Fath mousque- El- Azbkia-Cairo
Tel: +202-27877014 - Fax: +202-25915557
Email: lchr@thewayout.net
lchr@lchr-eg.org
Website:
www.lchr-eg.org