In Egypt, the Orthodox Copts used to obey law 462 passed in 1955, which is concerned with the personal status of non-Muslims and includes some reasons for divorce from item 50 till item 58, which were first issued by the Community council in 1938:
1. According to their wish, a spouse is given a divorce if their mate commits adultery, or converts from Christianity, or is absent for five successive years without knowing where they live or whether they are alive or dead.
2. If one of the spouses was sentenced to a penalty of hard labor for seven years or more.
3. If one of the spouses suffered stark raving madness or an infectious disease that threatens their spouse’s health and proved to be incurable after three years.
4. According to her wish, a wife is given a divorce if her husband suffered impotency and proved to be incurable after three years while she is still in her prime and fears temptation.
5. If one of the spouses is vastly abusive which jeopardizes the abused spouse’s health.
6. If one of the spouses becomes repulsively licentious and does not heed to the church’s guidance.
7. If one of the spouses becomes estranged and both are separated for three successive years.
8. If one or both spouses become a nun or monk.
Community courts used to pass divorce sentences for Orthodox Copts until law 461 was issued in 1955, which stipulated that, both Copts’ and Muslims’ personal status lawsuits are to be judged by the common court. The Coptic Orthodox patriarchs from the pope 113th Patriarch till the 116th Patriarch [1929-1971] carefully studied each Coptic divorce case and authorized a second marriage according to their discretion.
Unlike the previous patriarchs, Pope Shenouda III issued the Papal Law no. 7 in 1971 banning a second marriage for the divorcee unless the court sentence accords with the first reason for divorce [committing fornication]; other reasons [for divorce] are unbiblical and contradictory to Christ’s Sermon on the Mount:
“ But I say unto you, that whosoever shall put away his wife, saving for the cause of fornication, causeth her to commit adultery: and whosoever shall marry her that is divorced committeth adultery.”(Matthew 5:32)
Consequently, some Copts, whom the court granted legal divorce and have been awaiting church permission for a second marriage since 1971, have either changed their denomination or remarried with a civil contract. However, the church considers such marriages as pure adultery, because the Orthodox marriage is mainly sacramental and liturgical.
In this respect, Nabil Luqa Bebawi states that the second article of the Egyptian Constitution stipulates that the Islamic Shari’a is the source of legislation, however, laws concerning Copts are issued according to their denomination. Thus, since law 462 does not stem from the Islamic Shari’a, it is not constitutional.
However, there is a way out for the waiting Copts; the draft law suggests an assumed adultery based on evidence of marital faithlessness:
• If the wife elopes with a stranger and spends the night at his place without her husband’s knowledge.
• Love letters that can serve as evidence on a sinful affair.
• If the husband demands his wife commits adultery.
• If a stranger is found with the wife at home in a compromising situation.
• If the wife became pregnant although her husband is away or sick.
• Homosexuality.
