Arab West Report Egyptian press summaries and media research for dialogue

The

controversy surrounding divorce and the

Coptic church has come to the fore since the Administrative Court

published a ruling forcing church to allow a

Coptic man, divorced by the civil courts, to remarry. The pope

originally announced that no force on earth could

force the church to implement a law violating the bible

and threatened to defrock any priest remarrying divorcees,

resulting in the biggest clash so far between the

civil state and the religious institution.

A month and

half after the original ruling by Councilor

Fārouq ‘Abd al-Qādir, head of the

Administrative Court, Pope Shenouda filed an

impeachment opposing the decision on the grounds that the court has

its law, while religion has its

texts.

Personal status matters were left to church until May 9, 1938 when

the General Millī

Council published a decree on personal status, but when the special legal status of the

Millī Council

was cancelled, personal status matters went to civil courts in 1955.

In 1995, there was

an amendment

to clause three of law 68 of 1947 stating that non-Muslims of the same denomination had to by married

by

registrars appointed by the Ministry of Justice. The pope however argues that this registration is simply for

conformation, but is not, in itself, an obligatory condition for marriage.

The Court of Cassation has

confirmed that marriage is a holy sacrament, confirmed by an announced contract between a man and woman,

linked to

the rituals of the Coptic Orthodox Church, a point being used by the pope. He argues that

marriage is a church

matter that should not be touched, saying that Islam itself does not force the church

to violate its teachings;

indeed, as the Qur’ān says, "you have your religion and I have

mine".

There are 10

conditions for divorce, of which the church, on the basis of the bible, accepts

only one, adultery. The pope,

points out though that the courts can cancel a marriage from the civil

aspect, they can not cancel it not from a

religious point of view.