Fierce debate continues over draft child law

Magdy Samaan
4 Min Read

CAIRO: The Citizens for Development Foundation (CDF) held a debate on Monday over the controversial child law, which is still being considered by the People’s Assembly (PA).

The workshop, which was attended by both journalists and human rights activists, addressed the most debatable provisions of the draft law proposed by the National Council for Motherhood and Childhood.

While the participants agreed upon certain social protection provisions included in the draft law, they differed on other elements, primarily those that proved contentious during its reading in the PA.

When the draft law was discussed last month by the PA’s Legislative Committee, some members of the ruling National Democratic Party (NDP) had agreed with Muslim Brotherhood MPs on the need to amend certain passages in the draft, such as the criminalization of Female Genital Mutilation (FGM), the physical punishment of children, and the legal age for marriage.

Some articles were refused by both the Islamic Research Center and the Muslim Brotherhood, including that which stipulates a jail sentence of between three months and two years for anybody found guilty of committing FGM, along with a fine of between LE 1,000 and LE 5,000.

They also opposed the punishment of those found guilty of the physical abuse of children, with the period of prison sentence doubled in the case of abuse carried out by parents, as well as the outlawing of marriage for girls below 18 years of age.

Nabil Abdel Fattah, the deputy director of Al-Ahram Center for Political and Strategic Studies, criticized the alliance between Muslim Brotherhood MPs, the ruling NDP and some independent MPs, saying that they were imposing their “narrow-minded religious rhetoric on the new law and adding that they represented an anti-modernity strain within Egypt’s political class.

“The draft law is in the battleground between the long-imagined modern state and the traditional forms of communities, he said.

Dr Amna Nosseir, Islamic studies professor at Al-Azhar University, said that she rejects FGM, asserting that the tradition has no roots in Islam.

She went on to say that while Islam does not prohibit parents from punishing their children, severe punishments are inappropriate.

“Islam calls on us to choose proper and beautiful names for our children. How can this religion be used as a pretext to justify severe physical punishment of children? she said. However, some Muslim attendees at Tuesday’s workshop opposed banning FGM, affirming that it does indeed have roots in Islam.

“People practice FGM because it is part of Islam, one said.

Sameh Fawzi, the writer and human rights activist and head of CDF, said that this unacceptable social practice has been religiously refuted by most Islamic scholars, including opponents of the Egyptian government such as Sheikh Youssef Al-Qaradawi. “FGM is not practiced in most Islamic countries, including Saudi Arabia, he added. Dr Hassan Abou Taleb, also of the Al-Ahram Center for Political and Strategic Studies, said that the draft law should differentiate between minor physical punishment of children for the sake of their progress and more severe forms of punishment that might lead to physical or psychological harm, as with other types of crime.

Abou Taleb agreed with Nosseir on refuting claims that FGM has roots in Islam.

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