Saturday, 12 October 2013

Documentation of marriage in Egypt is not always in the offices of Documentation

Ashraf Musharraf lawyer
It is well known that divorce is in essence end of the marital relationship raises a lot of problems both in the Islamic marriage or Christian marriage and multiple ways of ending the marital relationship of dislocation and divorce of damage or divisive or even divorce the desire of the husband , as in divorce Islamic or divorce for adultery , as in divorce Christian .
But not only divorce and end the marital relationship is what raises legal problems in Egypt.
But marriage itself or start and create a marriage and specifically documented raises many legal problems in Egypt.
Marriage is a relationship between a man and a woman is protected by law in order to establish a marital relationship is not in all cases be created easily say this may raise some eyebrows , but this study is the result of long experience in personal status , especially in documenting the marriage problems .
Marital relationship is based on the basis of the parties to a man and a woman must be in legal centers allow them to marry each
For example, to be a man not to be married to four wives , as in Islamic law or not be married at all , as in the Christian canon
As well as the wife must be free of contraindications marital if not be married or iddah of another shall not be between them and the man who Sttzuge about whether the proportions or breastfeeding proof of marriage and I'm in my research this will not touch upon the conditions of legitimacy to the validity of the marriage he wrote Islamic jurisprudence and legal are involved , but I  to completely separate the other hand, no one refers to me only a little by documenting the marriage
Cases of marriage in Egypt will not come out for the following assumptions
1. Muslim man in Egypt with the Egyptian Muslim woman
2. Christian man in Egypt with Egyptian woman united with him in the Christian doctrine
3. Christian man in Egypt with Egyptian Christian woman is united with him in the doctrine
4. Muslim man in Egypt with Egyptian Christian woman
5. Christian man in Egypt with the Egyptian Muslim woman
6. Egyptian Muslim man with a non-Egyptian Muslim woman
7. An Egyptian Muslim woman with a non - Muslim non-Egyptian
8. Christian man in Egypt with a non-Egyptian Muslim woman
9. Christian man in Egypt with an Egyptian woman is a non-Muslim
10. Non - Egyptian Muslim man with a Muslim Egyptian woman
11. Non-Muslim man is not Egyptian with a non - Muslim Egyptian woman
12. Non-Muslim man is Egyptian with a Muslim Egyptian woman
13. Non - Egyptian Muslim man with a non-Egyptian Muslim woman united with him in sexual
14. Non - Egyptian Muslim man with a non-Egyptian Muslim woman is united with him in sexual
15. Non-Muslim man is Egyptian with a non-Egyptian woman is united with him in the Muslim nationality
16. Non-Muslim man is Egypt with an Egyptian woman is a non-Muslim is united with him in sexual
Conclusion It can shorten all of these cases in only four cases
First Egyptian Muslim marriage
The second non - Muslim Egyptians marriage
The Egyptian marriage is third Challenger Religion
Fourth non-Egyptians marriage
Authorized to make law is the person responsible for documenting the Egyptian Muslim marriage
As make binder director is the competent person to conclude non - Muslim Egyptians marriage Challenger Religion
And make documentation offices is the competent authority marriage documented non-Egyptians , the Egyptians of different religion , as well as the fact that one party to the marriage is not Egyptian .
Of course, in the case of the Egyptian Muslim couples shall be a person who acts as a binder is authorized and almost a state of marriage does not raise any problem only rarely .
As well as the case of couples of Egyptian non-Muslims united sect and caste are married in the church , taking the form of religious which is held by the church to consider marriage secret church sacred as well as being closer to marry the binder director and who often have one Christian clergy itself , though in this case documenting the marriage is not as a man of religion but as a general officer of the state.
The case of the Egyptians marriage of different religion and will not go out of here two assumptions
The first is that the pair is a Muslim and his wife Christian In this case, the competent authority will be the Office of Documentation competent to marry here, the matter seems natural but hey little Valakbh real will appear in the certificate required by the Office of documentation which certification must be attended by women wishing to marry Patriarchate affiliate wife
This certificate is supposed to indicate the validity of marriage and the wife no objection entity affiliated religious marriage to wife
And , of course , will not agree on the Patriarchate and therefore this condition is one of the conditions that give rise to the problem of authentication may prevent this marriage through this office
As for the premise of the other , a fact that the wife is an Egyptian Muslim husband Egyptian non-Muslim Here office refrain from starting for documenting such a marriage on the basis that it is contrary to public order in Egypt and here is not documented marriage is what raises the problem , but that marriage itself is the problem
As for the case of different nationality with the Federation of religion
We start the premise that non - Egyptian Muslim husband and wife Egyptian Muslim
Here legally competent authority is the Office of Documentation
But the law put special conditions here documenting the marriage makes documenting the marriage through the Bureau rare in the rule
These conditions are
1 - the presence of himself when making foreign documenting the marriage
2 - only exceed 25 years age difference between husband and wife Egyptian foreign
3 - For the husband or wife Egyptian Egyptian : But at least the age of marriage for 18 years the pair AH and 16 AH for wife
4 - If the Egyptian wife was less than 21 years old must guardian's consent
5 - The presence of two witnesses insisting adults عاقلين and the witness can be a foreigner , but with the availability of special conditions
6 - Adoption Balkhalo , of any legal impediment prevents the marriage , whether relative or younger or link to marriage marital prevents the completion of the new
7 - provide a certificate from the foreign party who wants to marry his embassy his social condition , age and religion
8 - to provide further testimony of the foreign party who wants to marry his embassy stating no objection state in his marriage , " and this condition often be impossible implemented some embassies completely refrain from giving this certificate "
9 - in the case of marriage already one of the parties and ended تطليقا or null or Vskha or خلعا must make the final judgment with the installer to be certified by the Egyptian Foreign If this party is a foreign
10 - widower party offers certificate and the death of the former spouse with documentation from the Ministry of Foreign Affairs if foreign
11 - provide the official birth certificate for each of the parties to the marriage
The second assumption is that Egyptian husband and wife foreign
He is also required to bring the two certificates from the embassy affiliate wife , one condition wife's social and other non- objection embassy in marriage this Jean requirement that the wife should be resident in Egypt for more than six months and for some nationalities such as the Philippines this next to the previous conditions except condition teams Age between spouses
The third assumption is that both spouses foreigners
They are almost the same previous conditions except squads Age requirement between husband and wife and , of course , is completely impossible conditions and knows all try to get a certificate not prohibitive to marry the UAE Embassy or Saudi Arabia and other embassies to refrain from giving such testimony
Because the community when they collide with the laws laid down by the State and these laws are not compatible and aligned with the needs of this community , it established its own law harmonized with him and gradually dispense with recourse to the laws of the State is not aligned with the needs
When the State requests impossible conditions which conditions are not important or essential to prove the marriage , they open the rear door of the departure of documenting marriages College through the Bureau , which was established for that
Because marriage is essentially a personal choice purely When chooses a man and woman to each other and decide to marry does not Émhma from the Office of documentation only to prove their marriage in a formal way without being for this party any role more than any of the ICON have any role in financial terms between them or the mandate of this office or any other party to agree to marry or not any certificates are not asking them to consent destinations consider themselves guardians of individuals such as embassies or Patriarchates
As a result of these conditions are arbitrary
Became wanted to marry and collide with the terms of the Office of the resort documentation of customary marriage only or customary marriage and documented before the courts , both claiming authenticity of the signature or claiming to prove marital
Thus Whether approved by the Office of documentation to prove the marriage or marriage is to be did not agree in all cases
Especially that Egyptian law considered prove marital issued the provisions of the courts equal in strength to the marriage documents liberated whether knowing authorized or binder director or documentation offices
For the rest of the talk about marital suit to prove their own problems
I posted this study Al Avokato newspaper on 1/9/2006

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