How Egypt’s Divorce Laws Put Women at Risk of Homelessness

Egypt grapples with the highest homelessness rate in Africa, reaching 11.6%. This issue affects a staggering 12 million people, including approximately 3 million children. Notably, Egypt’s divorce laws create vulnerabilities for women, putting them at risk of homelessness due to certain legal disadvantages.
Cultural Norms
Cultural norms and ideas reinforce women’s unequal access to housing from the moment they are born. Families often finance apartments or houses for male siblings but do not ensure female siblings’ housing. Instead, families tell their girls that guaranteeing them a place to live is unnecessary after marriage as this responsibility falls to their husbands. Because of this cultural perspective, women’s access to housing often depends on their marital success, which, in some cases, occurs at a young age. While the rate of early marriages has decreased in recent years, a 2021 survey revealed that 17.4% of women in their early 20s had been married or engaged before turning 18.
Discriminatory Egyptian Divorce Laws
Divorced Egyptian women and their children are particularly at risk of homelessness as Egypt’s divorce laws place them at a disadvantage. According to Egyptian family laws, mothers receive custodial rights to their children until the age of 15, however, a common occurrence is that fathers “kidnap” their children by refusing to relinquish them back to the mother after visitation hours are over.
A woman interviewed by the Egyptian news outlet Mada demonstrated the limited enforcement of mothers’ custodial rights in the country. After her children were kidnapped by her ex-husband, the policemen she spoke to refused to enforce her custodial rights by indicating that “a father does not kidnap his own son.” The legal protection of mothers’ custodial rights also ends when they remarry and a survey that the Association of the Development and Enhancement of Women (ADEW) conducted indicated that 90% of divorced mothers opted not to remarry to maintain custody of their children.
When women do retain custody, courts in Egypt are typically lax when enforcing alimony payments, leaving the already vulnerable women to take care of their children with limited financial means. At the age of 15, children living with their mothers can choose between continuing to live with their mothers or going to live with their fathers. Even if the child decides to keep living with their mother, the father can stop paying alimony. Additionally, he can choose to evict the mother and the children from the custody home. If the father decides to order their removal from the home, mothers have little legal recourse and often end up homeless along with their children.
The Reality of Post-Divorce Life for Egyptian Women
Other factors also make post-divorce life difficult for women in Egypt. In general, they only have access to limited income-earning opportunities. Attempting to reintegrate into the job market is especially difficult as some husbands expect wives to quit their jobs after marriage and divorcees end up with little to no job experience. The stigma associated with divorce also makes divorcees feel alienated and discriminated against. A woman’s plea for help after a divorce could meet disregard from her family due to the taboo of being associated with a divorcee. Even if the marriage ended because of the husband’s physical or psychological abuse, the blame for the end of the marriage falls solely on the wife and she must put up with derogatory labels such as “kharrabet beyout” (home-wrecker), or even “kharg beit” (secondhand).
The Perils of the Divorce Process
Aside from the insecurity divorce brings upon women, it is a much more arduous process for them than it is for men. Indeed, all men need to divorce their spouses is an oral renunciation recognized by a religious notary. They do not even require the assistance of a legal court.
On the other hand, a court has to accept a woman’s proposal for divorce, a process that can take years if the husband refuses. To obtain a divorce with full financial rights, a woman has to provide evidence that her husband has harmed and abused her. Additionally, all women, including those who have testified that their husbands have physically abused them, must attempt reconciliation in a court-ordered mediation process. During the often-long process of obtaining a divorce, women separated from their husbands are not eligible for state financial aid programs, condemning them to homelessness if they do not have any family to help them. In order to shorten the divorce proceedings and avoid homelessness, Egyptian women will sometimes have no choice but to sign away their financial and custodial privileges to the father.
A Catalyst for Disadvantageous Marriage Power Dynamics
Because Egypt’s divorce laws deprive women of economic security after divorce and due to the arduous process involved in obtaining a divorce, many Egyptian women may choose to remain in abusive or unhealthy marriages. Rates of domestic violence are also high in the country, with a study indicating that up to 86% of married women in Egypt have experienced physical or psychological abuse.
The lack of stability after divorce creates dangerous power dynamics within marital relationships. Ghada Abdel Fattah’s story, told by Al Jazeera, illustrates the dire consequences of divorcing in Egypt. After her husband asked for a divorce, Fattah and her daughter were kicked out of their home and would have had no shelter if it was not for her family who provided refuge. She eventually found employment and is now saving money to secure a home for herself and her daughter.
Taking Action
In 2o22, three Egyptian college students started a campaign called “Enty Zel Nafsek” (“You Are Your Own Shadow”) to raise awareness about the issues divorced women face in Egypt and to reduce the unfair stigma associated with divorce. The girls seek to provide emotional support to divorced Egyptian women and also support women’s businesses by advertising the businesses on their social media accounts.
Another organization founded by Engy Raafat, a survivor of domestic violence, helps women get back on their feet after divorce by providing financial, emotional and legal support. Raafat’s organization, called You Can, has had a tremendous impact on the lives of women across Egypt, helping more than 5,000 women find jobs.
– Tatiana Gnuva
Photo: Stockvault
