Egyptian Personal Status Law Project for Muslims 2026

bill

Number ( ) for the year 2026

By issuing the Family Law

Prime Minister

After reviewing the constitution

And on the penal code

And on civil law

And on the Civil and Commercial Procedure Code

And on the law of evidence in civil and commercial matters

And on the Code of Criminal Procedure

And on Law No. 25 of 1920 concerning provisions for alimony and some matters of personal status

And on Law No. 25 of 1929 concerning certain provisions of personal status

And on Law No. 77 of 1943 concerning the provisions of inheritance

And on Law No. 25 of 1944, specifying the applicable law in matters of inheritance and wills.

And on Law No. 114 of 1946 concerning the regulation of real estate registration

And on Law No. 68 of 1947 concerning documentation

And on Law No. 118 of 1952 regarding the determination of cases of deprivation of guardianship over oneself

And on Law No. 119 of 1952 concerning the provisions of guardianship over property

And on Law No. 308 of 1955 concerning administrative seizure

And on the Public Bodies Law issued by Law No. 61 of 1963

And on Law No. 66 of 1971 establishing a public authority called Nasser Social Bank

And on Law No. 143 of 1994 concerning Civil Status

And on the Child Law issued by Law No. 12 of 1996

And on the Commercial Law issued by Law No. 17 of 1999

And on the law regulating certain conditions and procedures for litigation in personal status matters issued by Law No. 1 of 2000;

And on Law No. 94 of 2003 establishing the National Council for Human Rights

And on the law establishing family courts issued by Law No. 10 of 2004;

And on Law No. 11 of 2004 establishing the Family Insurance System Fund

And on the Civil Service Law issued by Law No. 81 of 2016

And on the Comprehensive Health Insurance Law issued by Law No. 2 of 2018;

And on Law No. 10 of 2018 issuing the Law on the Rights of Persons with Disabilities

And on Law No. 30 of 2018 regarding the issuance of the law regulating the National Council for Women

And on the Social Insurance and Pensions Law issued by Law No. 148 of 2019;

And on Law No. 194 of 2020 issuing the Central Bank and Banking System Law

And on the Unified Public Finance Law issued by Law No. 6 of 2022

And on the law to reorganize the National Council for Childhood and Motherhood and to amend some provisions of the Child Law  issued by Law No. 182 of 2023;

And on the Labor Law issued by Law No. 14 of 2025

The following draft law was decided

Presented to the House of Representatives:

(Article One)

The provisions of the first section of the accompanying law shall apply to matters of personal status for Muslim Egyptians, and in matters not addressed in that section, the most authoritative opinion of the school of Imam Abu Hanifa shall be applied.

(Article Two)

The provisions of the second section of the accompanying law regarding guardianship over property shall apply to all Egyptians.

(Article Three)

The provisions of Section Three of the accompanying law shall apply to certain situations and procedures of litigation in personal status matters. In matters not specifically addressed, the provisions of the Civil and Commercial Procedures Law, the provisions of the Evidence Law in Civil and Commercial Matters, and the provisions of the Civil Law concerning the management and liquidation of estates shall apply.

(Article Four)

The Court of Cassation continues to consider appeals filed before it before October 1, 2004, regarding judgments and decisions issued by the appellate courts in cases related to personal status matters.

The courts also continue to consider cases that have become, according to the provisions of the accompanying law, the jurisdiction of other courts, and the judgments issued or to be issued therein remain subject to the rules regulating the methods of appeal in force on the date of their issuance.

Lawsuits filed under laws repealed by this Act shall remain subject to the provisions of those laws until a final judgment is issued.

(Article Five)

Law No. 25 of 1920 concerning provisions for maintenance and some personal status matters, Decree-Law No. 25 of 1929 concerning some personal status provisions, Decree-Law No. 119 of 1952 concerning provisions for guardianship over property, Law No. 1 of 2000 issuing the Law Regulating Some Conditions and Procedures for Litigation in Personal Status Matters, and Law No. 10 of 2004 issuing the Law Establishing Family Courts, and the second paragraph of Article (54) of the Child Law issued by Law No. 12 of 1996 is repealed.

Any text that contradicts the provisions of the accompanying law is also repealed.

(Article Six)

The Minister of Justice shall issue the necessary decisions to implement the provisions of the accompanying law within three months of its issuance, after coordination with the Minister of Communications and Information Technology and the relevant authorities if there is a need for that. Until the aforementioned decisions are issued, the decisions in force at the time of issuance of this law shall continue to be in effect, provided that they do not conflict with its provisions.

The Minister of Justice also issues regulations governing the affairs of marriage officiants and notaries, their work, and the forms of documents necessary for performing these tasks.

(Article Seven)

This law shall be published in the Official Gazette and shall come into effect on the first of October following its publication.

Family Law Project

Section One

Guardianship over oneself

Regulating the provisions of marriage, its termination, and its effects

Chapter One

marriage

Chapter One: The Sermon

Article (1):

Engagement is a promise of marriage between a man and a woman, and it does not entail the same legal consequences as a marriage contract.

Article (2):

a) If one of the parties breaks off the engagement or dies, the fiancé or his heirs may recover the dowry if it was paid before the marriage contract was concluded, or its value on the day of receipt if it is impossible to return it in kind.

b) The engagement ring is considered a gift unless otherwise agreed upon, or it is customary to consider it as part of the dowry.

c) If the fiancée buys an appliance with the amount of her dowry or part of it, and then the fiancé changes his mind, she has the option of either returning the dowry, or handing over what was bought of the appliance or its value at the time of purchase. If the change of mind is on her side, then she must return what she received of the dowry.

Article (3)

If one of the parties breaks off the engagement without an acceptable reason, he has no right to reclaim anything he gave to the other. If the break-off is due to the other party, he has the right to reclaim what he gave if it still exists, or its value on the day of its reclaiming. This excludes what is customarily consumed.

Article (4):

If the engagement ends by mutual agreement, each party shall reclaim what they gave to the other if it still exists, or its value on the day of its reclaiming unless it has been consumed. If the engagement ends by death, none of the gifts shall be reclaimed.

Article (5):

Simply breaking off an engagement does not in itself warrant compensation unless it is accompanied by completely independent wrongdoings that result in material or moral harm to one of the engaged parties.

Chapter Two: The Marriage Contract

Article (6):

Marriage is a legal covenant between a man and a woman whose goal is to establish a stable family, with the couple caring for it on foundations that ensure they can bear its burdens with affection and mercy.

Article (7)

a) Marriage is concluded by offer and acceptance and the testimony of two witnesses, and the contract is officially concluded in front of the marriage officiant or the competent authority.

b) The wife has the right to request the annulment of her marriage contract by court, within a period not exceeding six months from the date of the contract, if it becomes clear to her that the husband claimed for himself what he did not have and she married him on that basis, provided that there is no pregnancy or childbirth.

Article (8)

Offer and acceptance in marriage are made orally using words that convey their meaning in any language understood by both parties. If speech is impossible, writing takes its place; if that is also impossible, then a clear gesture may suffice. An offer may also be made by an absent party in a legally binding and understandable written form.

The following conditions must be met for offer and acceptance:

a) They must be completed in one session, not added to the future, not contingent on an unfulfilled condition, not indicating a time limit, and nothing other than the conditions included in the official contract shall be considered in the offer and acceptance.

b) Acceptance must be obtained in accordance with the offer explicitly.

c) Acceptance between absentees is achieved when nothing is done by the present party between the reading of the absentee’s speech and the end of the meeting that indicates rejection.

d) Each of the contracting parties present hears and understands the other’s words, or one of them if the other is absent.

An absentee is someone who was not present at the contract meeting in person, but rather through a messenger, agent, or by any means of communication.

Article (9):

The witnessing of a Muslim’s marriage requires the presence of two adult, sane Muslim witnesses who hear the words of the contracting parties together and understand that what is meant is marriage, provided that neither of them is less than eighteen years old.

Chapter Three: Prohibitions

First: Things that are permanently forbidden:

Article (10):

It is forbidden for a person due to lineage

(a) Its origin, even if it is high.

(b) Its branch, even if descended

(c) The descendants of one or both parents, even if they are further removed.

(d) The first generation of grandparents.

Article (11)

It is forbidden for a person to marry due to kinship ties.

(a) The wife of his ancestor, even if he is a descendant.

(b) The wife of his descendant, even if descended

(c) His wife’s ascendants, even if they are distant relatives

(d) The descendants of his wife with whom he entered into a valid marriage contract, even if they are descendants.

(e) The ascendants and descendants of those who entered into a real contract with them that was invalid, even if they are descended.

Article (12):

(a) What is prohibited due to breastfeeding is also prohibited due to lineage and marriage.

(b) Prohibition by breastfeeding is only established if breastfeeding occurs within the first two years of the infant's life, and through five separate, satiating feedings.

Article (13):

A person is forbidden to have relations with his wife after the imprecation has been completed.

Article (14):

The adulterer is forbidden to marry the ascendants and descendants of the woman he committed adultery with, and she is forbidden to marry his ascendants and descendants.

Secondly: Prohibitions related to time limits:

Article (15):

a) Marriage to someone who does not adhere to a revealed religion.

b) Marriage to another man’s wife, or to a woman who is observing the waiting period after divorce from another man.

c) Marrying his ex-wife's sister until her waiting period is over.

d) Combining two forbidden things

e) Having more than four wives in his custody, and a divorced woman is considered to be in his custody until her waiting period ends.

(f) The marriage of a woman who has been irrevocably divorced from the one from whom she was divorced, except after the expiry of her waiting period from another husband who had consummated the marriage with her in a valid marriage.

Chapter Four: Eligibility and Guardianship

Article (16)

A man and a woman have the right to directly conclude and document their marriage contract upon reaching eighteen full calendar years.

Article (17)

The marriage of a coerced or intoxicated person is not valid.

Article (18):

Marriage may be arranged by a notarized special power of attorney. The agent may not appoint another agent. The power of attorney must include the name of the other party, the amount of the dowry (both immediate and deferred), and the conditions that his principal wishes to include in the contract and its annex.

Chapter Five: Marriage Provisions

Article (19):

A valid marriage is one that fulfills all its pillars and conditions of validity and has the legally prescribed consequences from the moment it is concluded.

Article (20)

The following conditions must be met for a marriage contract to be valid:

a) Each of the contracting parties must be legally competent to enter into the contract.

b) Union of the Council of Offer and Acceptance

C - Each of the contracting parties must listen to the other's words and understand their intention.

D - Acceptance of the offer.

E - The woman must not be absolutely forbidden to the man.

Article (21)

The following conditions are required for a marriage contract to be valid:

A- The woman who is the subject of the contract must not be temporarily forbidden to the man, without him being aware of the prohibition.

b) The contract terms must be permanent.

C - Testimony regarding the contract.

Article (22)

Invalid marriage

A marriage is considered invalid if it lacks one of the conditions for its validity.

Article (23):

A void marriage is one that has met the conditions for its formation but lacks one of the conditions for its validity.

Article (24):

A void or invalid marriage has no legal effect before consummation.

Article (25):

The consequences of entering into a void marriage

A- Prohibition of marriage.

b) Entitlement to the full dowry.

Article (26):

The consequences of entering into a void marriage

A- Entitlement to the full dowry.

B - Proof of lineage.

C - The obligation of the waiting period.

D - Prohibition of marriage.

Article (27)

Sexual intercourse by mistake is when a man has intercourse with a woman who is forbidden to him by Islamic law, while he is unaware of the prohibition.

Article (28):

The separation of a man and woman from a void and invalid marriage depends on the judge's ruling.

Article (29)

The wife may stipulate in her marriage contract what benefits her and does not contradict the purposes of the contract. She has the right to annul the contract if the husband violates what was agreed upon, and she may drop the condition or be satisfied with its violation.

Article (30):

If a condition is stipulated in the marriage that contradicts its purpose, or is forbidden by Islamic law, the condition is void and the contract is valid.

Article (31):

Every man about to get married, before documenting the contract, must provide the woman he intends to marry with an insurance policy that guarantees her a sum of money or a fixed monthly allowance in the event of an irrevocable divorce or a final divorce decree. The issuance, categories, and rules of entitlement for this policy will be regulated by a decision from the Minister of Justice in coordination with the relevant insurance companies. The marriage officiant and the notary, before documenting the contract, must inquire about  the issuance of the policy or not and prove this in an addendum to the marriage contract. The husband has the right to recover the value of the policy if the divorce is by mutual consent, or a divorce by khula, or if a ruling is issued to waive her financial rights.

If the marriage ends with the death of the husband, the wife is entitled to the value of the document, and if it ends with her death, her heirs are entitled to the value of the document.

Article (32):

The marriage certificate or divorce certificate, as applicable, shall be accompanied by an appendix outlining the rights and obligations  of both spouses upon the dissolution of the marriage or divorce. This appendix may include agreements on the wife's maintenance, compensation for the divorce, maintenance during the waiting period, and all other due wages, including breastfeeding fees, childcare fees, wages for servants, child support, and educational expenses for children upon birth. It may also specify who has the right to benefit from the marital home in the event of divorce or death, and stipulate that the husband may not marry another wife without the wife's written consent, granting her the right to request a divorce if she refuses. Furthermore, it may include an agreement authorizing the wife to divorce herself once or more, or any other matters agreed upon by both parties.

The addendum to the marriage certificate or divorce certificate is considered an integral part of the document or certificate, and it has the force of an enforceable instrument. The person concerned may submit it to the enforcement department of the competent family court after attaching the enforcement formula to it, and this department shall take enforcement procedures in accordance with the Civil and Commercial Procedures Law.

The Minister of Justice shall issue the necessary decisions to determine the form and data of the annex and the person responsible for appending it with the executive formula, taking into account what is stipulated in Article (283) of this Law.

Article (33):

Each spouse has their own independent financial liability, and the spouses may, within the framework of managing the funds acquired during the marriage, agree to invest and distribute them within the terms of an addendum to the marriage contract or a divorce certificate - as the case may be - or in a document separate from the contract if an agreement is made after the conclusion of the marriage contract if the funds are joint.

Each of them also has the right to claim compensation for the burdens they bore that contributed to the growth of their spouse’s wealth, provided that these burdens were not required by the marriage contract. This right is forfeited if it is not claimed within one year from the date of death, divorce, or separation.

Article (34):

Marriage claims are only accepted if the marriage is proven by an official document issued by a marriage officiant or the competent notary. However, claims for divorce, annulment, and invalidation—as the case may be—and claims for establishing lineage are accepted, but not others, if the court finds that a legal marriage occurred but was not officially documented.

Chapter Six: The Dowry

Article (35):

The dowry is the money that a man pays to a woman because of the marriage contract.

Article (36)

Anything that can be considered money can be used as a dowry.

Article (37)

There are two types of dowry:

A- The named dowry, which is what is named by both parties and is documented.

B. The dowry of the like, which is the dowry of a woman like the wife at the time of the contract from her father's family. If this likeness does not exist, then from a woman who is further removed from her likeness.

Article (38):

The customary dowry is established in the following cases:

A- If the dowry is not specified in the contract.

b) If the colt is given an incorrect name.

C- If the spouses agree not to have a dowry.

Article (39)

The dowry is due in the marriage contract as soon as the valid contract is concluded, and it is due in full upon consummation, legitimate seclusion or death, and half of it is due if the divorce occurs before consummation or legitimate seclusion.

Article (40)

The dowry may be paid in advance or deferred, in whole or in part, provided that the portion paid in advance and the portion deferred are specified in the marriage contract.

Its immediate or future aspects shall not be considered except as evidenced by the document or by a separate, authenticated paper.

Article (41):

If the postponement of the dowry is made indefinitely, it is to be determined at the time of separation or the death of one of the spouses, whichever is earlier.

Article (42):

The dowry is considered the wife’s absolute property, which she may claim herself or through an agent. She may not be required to spend it on preparing herself or on any marital matter.

Article (43):

A mature and rational wife may waive all or part of the dowry.

Article (44):

If a wife gives her husband half or more of her dowry, even after receiving it, he is not allowed to claim anything back from her in the event of divorce before consummation or legitimate seclusion. If what she gave was less than half, he can claim back from her what completes the half.

Article (45):

Legitimate seclusion means the gathering of the spouses in a safe place that no one can see except with their permission, and there is no distinguished person with them, and there is no legal or physical impediment preventing intercourse.

Article (46):

If a man marries during his terminal illness with a dowry exceeding the customary amount, whether that dowry is established by a marriage certificate or by a separate, authenticated document, the excess shall be treated as a bequest if his heirs dispute it.

Article (47)

Marital property is everything that is prepared for the marital home, including furniture, bedding, and utensils, when the wife marries her husband. It is the wife’s sole property unless the two parties agree otherwise in writing at the time of the contract. A copy of the list of movable property may be attached to the marriage contract annex.

The wife has the right to demand the return of the marital property that belongs to her, even during the marriage. She also has the right to claim its value if it is destroyed or if it cannot be recovered for no reason attributable to her. This value is estimated at the time of the claim. This right is forfeited if the items of the dowry are destroyed for a reason not attributable to the husband’s actions and in which he has no hand.

Chapter Seven: Spousal Support

Article (48):

A husband is obligated to provide for his wife from the date of a valid marriage contract if she submits herself to him, even constructively, even if she is wealthy.

The wife’s illness does not prevent her from being entitled to maintenance.

Article (49)

A wife's maintenance includes food, clothing, housing, medical expenses, and other necessities as stipulated by Islamic law or established custom.

Article (50):

The wife’s departure from the marital home is not considered a reason for the loss of her maintenance – in cases where this is permitted by Sharia law, whether based on a text, custom, or necessity – nor is her going out to work for legitimate work, which is an inherent right of hers, unless it is proven that this harms the family’s interests.

Article (51)

The wife's maintenance is considered a debt owed by the husband from the date he refuses to provide for her despite his obligation to do so, and it is not discharged except by payment or release proven in writing.

A claim for maintenance for a period exceeding one year prior to the date the claim was filed is not accepted.

Article (52):

The husband is not permitted to claim compensation for the wife's expenses against a debt he owes her, except for what exceeds what is necessary to meet her basic needs.

After the final ruling on alimony is issued, the husband may deduct the amount of temporary alimony he paid from the final alimony ruling issued against him.

If the wife requests that her maintenance debt be counted as part of a debt she owes her husband, her request will be granted even if the husband does not agree to it.

Article (53):

The wife’s maintenance debt has priority over all the husband’s assets, takes precedence over other maintenance debts, and is paid before court expenses and amounts due to the public treasury.

Article (54):

The wife’s maintenance is determined according to the husband’s financial situation at the time it is due, whether he is well or poor, provided that the maintenance in the case of hardship is not less than the amount that meets her essential needs.

If the wife does not resort to the right established for her in Clause No. (5) of Article (295) of this Law, she may request from the court, in the event that the reason for entitlement to maintenance exists and its conditions are met, a temporary maintenance that meets her necessary needs in accordance with the text of Article (3/297) of this Law.

Article (55):

A claim to increase or decrease alimony due to a change in the husband’s circumstances, whether for ease or hardship, shall not be accepted unless a year has passed since it was imposed by agreement or the ruling issued regarding it has become final, except for exceptional circumstances that arose after it was imposed, which the judge shall assess. The increase or decrease shall be effective from the date of the ruling.

Article (56):

If the wife is unable to obtain her maintenance from the husband due to insolvency or other reasons, and she has something from which she can spend, the judge may determine sufficient maintenance for her and authorize her to spend on herself. The total amount she spends shall be a debt owed by the husband. If she has no money, the person who is obligated to provide for her in the absence of marriage must give her the estimated sufficient maintenance, and he has the right to seek recourse against the husband.

Furthermore, the imposition of alimony for the wife, whether by court order or by mutual consent, entitles her to borrow from whomever she wishes when needed, with the permission of the court, and the lender has the right to seek recourse against the husband.

Article (57):

If the husband becomes insolvent and his wife requests a divorce because she is harmed by this, and the judge grants her a divorce, then she is not entitled to maintenance.

Article (58)

All governmental and non-governmental entities are obligated, based on a decision or permit from the competent Family Court, to provide a statement of the actual income of the person obligated to pay alimony, whatever its type, from his place of work, including all the financial rights that the employee or worker receives, whether job salary - basic salary - supplementary salary - variable salary - or otherwise under any name. The aforementioned statement shall be delivered to the person authorized to do so within fifteen days from the date of receiving the court’s decision or permit. If the person obligated is the employer, he is obligated to deliver the aforementioned statement.

If the person responsible for maintenance, whatever its type, is working abroad, the competent family court may authorize the Family Affairs Prosecution to inquire about the nature of his work and his income from it through diplomatic channels within a suitable period, in accordance with the rules stipulated in the relevant international agreements to which Egypt is a party.

Article (59):

(a) Guaranteeing the wife’s past maintenance is valid.

(b) The guarantee is also valid for present and future expenses, whether imposed by litigation or by mutual agreement, or not yet imposed.

Chapter Two:

End of marriage contract

Chapter One: Divorce

Article (60):

A marriage contract ends with divorce, annulment, dissolution, invalidation, separation, or death.

Article (61):

(a) Divorce is only effected by the husband or his agent or by the wife authorized to effect it, and reconciliation is only effected by the husband or his agent.

(b) The husband may not appoint another person to carry out a divorce or reconciliation except by an official power of attorney in marital matters accepted by the agent. This power of attorney shall be valid for sixty days from the date of issuance of the power of attorney, and the agent may not appoint another person.

(c) The husband may authorize his wife to initiate divorce, and he may not retract the authorization.

The authorization may be limited to a period that ends at the end of which or a year at all times. It may also be for one time or for several times. If the divorce is carried out by virtue of the authorization, it is as they agreed.

Article (62):

For a divorce to take place, the husband must be sane, acting of his own free will, aware of what he is saying, intending to utter the words of divorce, and knowing their meaning.

Article (63):

The divorce of a drunkard, a coerced person, or an angry person whose mind is clouded by anger is not valid.

Article (14):

An incomplete divorce does not take place if its purpose is solely to compel someone to do or refrain from doing something.

Article (65):

Divorce innuendos are those that can be interpreted as divorce or something else, but divorce does not occur with them unless there is an intention.

Article (66):

Divorce is effected by someone who is unable to speak through writing that indicates its effect, and by someone who is unable to speak and write through a clear sign that indicates what they mean.

Article (67):

For a divorce to be valid for a wife, she must be in a valid marriage and not observing the waiting period (iddah).

Article (68)

There are two types of divorce: revocable and irrevocable

(a) Revocable divorce: It does not end the marriage except by the expiry of the divorced woman’s waiting period.

(b) Irrevocable divorce: It terminates the marriage immediately upon its occurrence.

Article (69):

A revocable divorce does not remove the solution. If a man divorces his wife with whom he has consummated the marriage or been alone with her with a revocable divorce, he has the right to take her back as long as she is in the waiting period. The return is valid by word or deed, without prejudice to what is stipulated in Article (96) of this law. She has the right to spend the waiting period in the marital home.

Article (70)

A minor irrevocable divorce ends the marriage immediately, and the divorcer may marry his divorced wife during the waiting period and afterwards with a new contract and dowry with her consent.

Article (71):

The irrevocable divorce - which completes the three divorces - ends the marriage immediately, and she is not permissible for the divorcer except after she marries another man in a non-temporary marriage and he consummates the marriage with her, then he leaves her for one of the reasons for the termination of the marriage contract, and her waiting period from him expires.

Article (72):

If a woman who has been irrevocably divorced marries another man, the divorces of her previous husband are nullified by consummation, even if they were less than three. If she returns to him, he has three new divorces due to her.

Article (73):

A divorce that is accompanied by a number, whether verbally or by gesture, counts as only one divorce, and the same applies to divorces that are consecutive in one sitting.

Article (74):

Every divorce is revocable except for divorce before consummation, divorce in exchange for money, divorce that completes the third divorce, and what is stipulated to be irrevocable in this law.

Article (75):

The divorcer must document his divorce, whether it is revocable or irrevocable, with the authorized official or notary within fifteen days from the date of its pronouncement.

Divorce does not have legal effect with respect to all marital and inheritance rights unless it is documented before the authorized official or the competent notary.

The wife is considered to have knowledge of the divorce if she attends the documentation. If she does not attend, the marriage officiant or the notary must notify her personally or her representative through a bailiff and deliver to her a copy of her divorce document within fifteen days from the date of documentation. Notifying her in any other way is not sufficient to establish knowledge if she disputes this.

Before documenting a divorce, the marriage officiant or notary must verify its legality, inform the spouses, or those present, of the risks of divorce, and attempt reconciliation. If reconciliation fails, the officiant or notary must document the divorce and record their inability to reconcile, according to the form issued by the Minister of Justice.

If the marriage officiant or the competent notary is unable to ascertain that the divorce has occurred according to Sharia, the husband is required to bring an approved fatwa from one of the fatwa committees at Al-Azhar Al-Sharif or from the Egyptian Dar Al-Ifta, which provides the Sharia opinion on the availability of the provisions and conditions of divorce and to prove this with the divorce document if the fatwa was issued confirming its occurrence.

The request for a fatwa applies to any previous request for a verbal divorce that was not documented and a request to include it in  the document. 

These provisions apply to divorces signed by the husband's agent who is authorized to carry out the divorce, and to the person authorized to carry out the divorce.

The procedures referred to herein shall be regulated by a decision from the Minister of Justice.

Chapter Two: Annulment, Divorce, and Separation

Article (76)

Dissolution of a marriage contract is the annulment of the contract and the immediate removal of its provisions, whether in a valid, void, or invalid marriage contract.

The division that is dissolved is as follows:

a) The invalidity or corruption of the marriage contract.

b) One of the spouses commits an act with one of the descendants or ascendants of his wife that necessitates the prohibition of marriage.

c) The husband's incompetence due to his claiming what he does not possess.

d) A chronic defect in one of the spouses prior to the marriage contract.

e) Apostasy of one of the spouses.

(f) Between the two who curse each other

(g) The wife of the missing person in accordance with the provisions of Article (114) of this Law.

The annulment of the marriage contract does not result in a decrease in the number of divorces that the husband possesses.

Furthermore, if the marriage contract is dissolved before consummation or legitimate seclusion, the dowry is forfeited, and if it is dissolved after consummation or seclusion, the woman is entitled to the dowry stipulated in the contract.

Article (77)

If the husband refuses to provide for his wife, and he has apparent wealth, the ruling to provide for her will be enforced against his wealth. If enforcement is impossible due to a reason attributable to him, the judge will grant him a divorce.

If he has no apparent money and his insolvency is not proven, and he insists on not spending, the judge shall divorce him immediately. If he is insolvent, the judge shall set a deadline for him not exceeding two months. If he does not spend, the judge shall divorce him. 

The provisions of this article shall apply to a prisoner who is unable to pay alimony.

Article (78)

If a wife claims that her husband is harming her to such an extent that continued cohabitation is impossible for couples in their situation, she may request a divorce from the judge. In such a case, the judge will grant her an irrevocable divorce if the harm is proven and reconciliation is impossible. If the request is rejected, and the complaint is repeated without proof of harm, the court must instruct each spouse to appoint an arbitrator from their family, if possible, at the next hearing. If either spouse fails to appoint their arbitrator or is absent from this hearing, the court will appoint one in their place. Both arbitrators will swear an oath to attempt reconciliation between the spouses honestly and faithfully. If they are unable to reconcile, they must determine the causes of the discord, the person responsible, and the feasibility of continuing the marital life. The two arbitrators must appear before the court at the next hearing to jointly report their findings. If they disagree, or if one of them fails to appear, the court will hear their statements, or the statement of the one present. The court may then adopt the conclusions of both arbitrators, the statement of one of them, or any other evidence it gleans from the documents. If it becomes clear to the court that the discord is due to the wife or her husband's involvement, the court must grant her a divorce. The court may waive all or some of the wife’s financial rights resulting from marriage and divorce, as the case may be. If the discord is due to the husband, the court shall rule for divorce while the wife retains all her legitimate financial rights.

Article (79):

The husband or his representative must declare his marital status in the marriage certificate. If he is already married, he must state in the declaration the name of his wife or wives and their places of residence. The marriage officiant and the notary must notify them of the new marriage by registered mail with return receipt requested.

A wife whose husband has married another woman may request a divorce from him if she suffers material or moral harm that makes it impossible for them to continue living together, even if she did not stipulate in an addendum to her marriage contract that he should not marry another woman.

If the court is unable to reconcile them, it shall divorce her with an irrevocable divorce. The wife’s right to request a divorce for this reason shall lapse after six months from the date she learns of his marriage to another woman, unless she has explicitly or implicitly consented to it. Her right to request a divorce shall be renewed each time he marries another woman.

If the new wife did not know that he was married to someone else and then it became clear to her that he was married, she also has the right to request a divorce.

Article (80):

If the husband is absent for six months or more without an acceptable excuse in a country other than the one in which the wife resides, she may ask the court to divorce her if she is harmed by his absence, even if he has money from which she can spend.

If it is possible for the messages to reach the absent person, the court will set a suitable deadline for him and warn him that it will release her from him if he does not come to live with her or transfer her to where he lives or release her.

If the deadline expires and he does not do so and does not show an acceptable excuse, the court will divorce her on his behalf. If he has no place of residence, the court will separate them with an irrevocable divorce without excuses or setting a deadline.

Article (81)

The wife of a man who is imprisoned and has been definitively sentenced to a term of three years or more of imprisonment for one or more sentences may request the court, after six months of his imprisonment, to grant her an irrevocable divorce due to harm, even if he has money from which she can spend. The wife’s right to divorce is not forfeited by the release of her husband during the proceedings.

Article (82)

Each spouse may request the annulment of the marriage contract if they find in the other a defect that existed before the contract and was not known or accepted by them, and which cannot be cured, or can be cured after a long time.

A wife may request a divorce from her husband if he develops a serious and incurable defect, or one that can only be cured after a long period, and she cannot remain with him except with harm, and she does not explicitly or implicitly consent to this. Experts should be consulted to determine the defects that warrant a divorce.

Chapter Three:

divorce

Article (83)

The spouses may agree between themselves on the divorce. If they do not agree and the wife files her claim by requesting it and redeems herself and divorces her husband by giving up all her legitimate financial rights, including her maintenance for a period  prior to his request, and returns to him the dowry that he gave her, in accordance with the provisions of Articles (35, 36, 40) of this law, the court shall rule to divorce her from him with an irrevocable divorce.

The court shall not rule on divorce except after attempting reconciliation between the spouses, and appointing an arbitrator from her family and an arbitrator from his family as far as possible, or from others, to continue the efforts of reconciliation between them, within a period not exceeding two months. The two arbitrators shall appear before the court at the first session it sets to decide what they have concluded together regarding their efforts to reconcile the spouses, and to hear the statements of the one present from among them after taking the oath.

Likewise, a ruling should not be issued unless the wife explicitly states that she hates living with her husband, that there is no way for the marital life between them to continue, and that she fears she will not be able to uphold God’s limits because of this hatred.

It is not permissible for the compensation for divorce to be the relinquishment of her custody of her children from him, or their maintenance or any of their rights or the wages for her custody of them.

The ruling shall, in all cases, not be subject to appeal by any means of appeal or invalidation.

Chapter Four: Regulating Certain Cases of Divorce

Article (84):

A husband who wants to divorce his wife and has not been married for three years from the date of the contract must request the head of the Family Court, in his capacity as a judge of urgent matters, to complete the divorce procedures in the marital residence or her place of residence if she does not reside there. The request must be accompanied by the marriage certificate, copies of the national identity cards of the spouses, and the birth certificates of their children, if any.

The judge must summon the couple to determine the cause of the dispute and attempt to reconcile them. If the wife does not attend despite being notified, this is considered a refusal on her part to reconcile. If the husband does not attend the scheduled session, this is considered a withdrawal on his part from the request for divorce.

The judge must hold a discussion between the two parties in a consultation room and may seek assistance, if necessary, from a religious figure from one of the official bodies designated by a decision of the Minister of Justice, in order to contribute to the effort to reconcile the spouses.

If a reconciliation is reached, the judge must record it in the minutes of the session, and the spouses must sign it.

If reconciliation between the spouses proves impossible and the husband insists on pronouncing the divorce, the judge shall record this in the minutes of the session and decide for the husband to pronounce the divorce before the authorized official or the competent notary.

Before proceeding with the documentation of a divorce in which the marriage has not lasted three years, the marriage officiant or notary must request from the husband a certificate of completion of the divorce procedures to be attached to the divorce certificate.

A wife who wishes to file for divorce by khula from her husband, and three years have not passed since their marriage contract, must request permission from the head of the Family Court to which the marital residence or her place of residence is affiliated if she does not reside there, to file for divorce by khula. She must attach their marriage certificate to her request. The judge must summon the spouses to ascertain the reasons for the dispute and attempt reconciliation between them. If the husband does not appear despite being notified, this is considered a refusal by him to reconcile. If the wife does not appear, this is considered a withdrawal by her from filing for divorce by khula.

The judge shall apply the provisions of paragraphs (3, 4) of this article.

If reconciliation proves impossible and the wife insists on requesting a divorce, the judge shall record this in the minutes of the session and authorize the wife to file her lawsuit.

Before considering a divorce case, the court must require the wife to provide proof that she has carried out the previous procedures, otherwise her case will not be accepted.

Article (85):

If a non-Muslim woman married to a non-Muslim converts to Islam, she presents Islam to her husband. If he converts, their marriage remains valid without a new contract. If he refuses, the court separates them with an irrevocable divorce.

Chapter Three: The Waiting Period and Revocation

Article (86):

The waiting period is the legally prescribed period during which a woman is not allowed to marry after the marital separation or the death of her husband.

Article (87)

A woman is required to observe the waiting period (iddah) for one of the following reasons:

(a) By separation between the spouses after consummation or legitimate seclusion, whether the separation is due to a revocable divorce, an irrevocable divorce, or a court ruling, and whether the marriage was valid, invalid, or based on suspicion.

(b) By the death of the husband or by his being considered dead.

Article (88)

The waiting period begins according to the following provisions:

(a) In a valid marriage, from the date of the divorce; in an invalid marriage, from the date of the ruling of separation; and in intercourse by mistake, from the date of abandonment.

(b) By the death of the husband or by being declared dead by a final ruling of the court or by an official decision of the competent authority, as the case may be.

(c) In divorce or annulment by court order, from the date of issuance of the judgment by the court of first instance after it becomes final, and from the date of the judgment issued by the Court of Appeal if it was the one that ruled on the divorce.

d) In all cases, the waiting period is not required before consummation or legitimate seclusion.

Article (89)

The waiting period (iddah) ends from the date of divorce or annulment, as follows:

a) A divorced woman who menstruates by seeing menstrual blood three times in full, with a minimum of sixty days between them. 

b) A divorced woman who does not menstruate for ninety days.

c) A divorced woman whose menstruation is irregular is considered to have seen menstrual blood three times in full or after ten lunar months, whichever is sooner.

d) A divorced pregnant woman, with the pregnancy either giving birth or miscarrying, and the womb being cleared.

Article (90):

A woman whose husband has died, in reality or by legal decree, has her waiting period ended after four lunar months and ten days from the date of death, the ruling, the decision, or after giving birth or miscarriage and the womb being cleared.

Article (91):

A woman who has been divorced and whose husband has died during the waiting period (iddah) is considered to be in the waiting period for widowhood, and the time that has passed is not counted.

Article (92)

If a woman who has been divorced without her consent during her ex-husband's terminal illness wants to escape her inheriting from him, her waiting period shall be the longer of the two periods: the waiting period for divorce or the waiting period for death.

Article (93)

The maintenance of the waiting period is obligatory for the woman observing the waiting period after divorce or annulment, taking into account the financial situation of the divorcer, whether he is well-off or struggling, when assessing it. It is considered a debt owed by him from the date of separation and is not waived except by payment or release proven in writing.

A claim for maintenance during the waiting period (iddah) is not admissible if it extends beyond ten lunar months from the date the wife becomes aware of the divorce. Furthermore, it cannot be claimed after one calendar year has passed from the date it became due.

Also, a claim of inheritance is not accepted if denied due to a divorced marriage where the husband died after ten lunar months from the date of divorce.

Article (94):

The maintenance of the waiting period is obligatory for a woman whose husband has died, from his estate, whether she is pregnant or not. If he has no estate and she is poor, she is entitled to maintenance from the Egyptian Family Support Fund.

If the divorced woman has a spousal support allowance imposed before the divorce, it extends until the end of her waiting period.

A divorced woman is entitled to maintenance from a court of first instance until the ruling becomes final.

Article (95):

If a wife who has consummated a valid marriage is divorced without her consent and without any fault on her part, she is entitled, along with her maintenance during her waiting period, to a consolation payment estimated at least at two years’ maintenance, taking into account the husband’s financial situation, whether easy or difficult, and the duration of the marriage. It is permissible for the husband to be allowed to pay the consolation payment in installments.

Article (96):

The return is proven by documentation before the authorized official or the competent notary. The wife has the right to prove her return by all means of proof. The return in the wife’s absence does not have its effects if she denies it unless it is documented before the authorized official or the competent notary during the waiting period and she is notified of it before the end of her waiting period.

The marriage officiant or notary must notify the wife of the reconciliation in person or to her representative and give her a copy of the certificate of reconciliation.

In case of disagreement regarding the expiration date of the waiting period, the wife's statement, supported by her oath, shall be accepted, taking into account the provisions of Article (89) of this law. Documentation and notification shall be carried out according to the procedures stipulated in a decision issued by the Minister of Justice.

Article (97)

If the reconciliation is not documented as stated in Article (96) of this law, or if the husband deliberately hides it from his ex-wife, and then she marries another man after at least ninety days have passed since the date of the divorce, then the reconciliation is not valid.

Chapter Four: Lineage

Article (98)

The minimum period of pregnancy in which lineage is established is six lunar months from the time of consummation of the marriage or legitimate seclusion, and the maximum is ten lunar months, and the part of the day in which the birth occurred is counted as a full day.

Article (99)

In the event of denial, a claim of lineage is not accepted for a child of a wife who has been proven not to have met with her husband since the time of the marriage contract, nor for a child of a wife who was born after ten lunar months of her husband’s absence from her, nor for a child of a divorced woman or a widow if she was born more than ten lunar months after the time of divorce or death.

Article (100):

The lineage of a child is established from the man in a void marriage and intercourse by mistake if he is born six lunar months after the date of actual intercourse, and his lineage is not established after separation unless he is born less than ten lunar months after the date of separation.

Article ( 101)

The lineage of every newborn is established to his mother as soon as the birth is proven, without any restrictions or conditions.

Lineage is also established for the father by marriage, acknowledgment, or environment, taking into account the provisions of the lineage articles in this law.

Lineage is established by approved scientific methods in cases of denial by the person to whom the child is legally attributed, or disputes about unknown lineage, or cases of children resembling or being mixed up.

Article (102)

Taking into account the provisions of the Civil Status Law, the administrative authority shall choose a neutral four-part name for those whose lineage to a father has not been proven.

Article (103):

Claims of parentage for a child born out of wedlock are not accepted, nor is parentage established through adoption.

Article (104):

Subject to the provisions of acknowledgment, lineage is established by a man's acknowledgment of his paternity of a child of unknown lineage, even during a terminal illness, unless reason contradicts it.

If a person of unknown parentage claims that a man is his father, and this claim meets the conditions mentioned in the previous paragraph of this article, and the defendant confirms his claim, then his lineage from him is established.

Lineage is established by claim, including attributing lineage to another, provided that the other person confirms it. If the other person does not confirm it, lineage is established to him if it is proven to be true by an environment or reliable scientific evidence.

Article (105)

In all cases where the child’s lineage can be established by marriage in a valid, existing, or terminated marriage, or by entering into a void or quasi-void marriage, the man may deny the child’s lineage within seven days from the time of birth if he was present, or from the date of learning of it if he was absent, provided that he has not explicitly or implicitly acknowledged the lineage and that no reliable scientific evidence contradicts him.

Article (106)

The following conditions must be met for lineage to be established by acknowledgment, even during a terminal illness:

(a) The person making the admission must be an adult, of sound mind, and acting of their own free will.

(b) The child is of unknown parentage.

(c) That the person to whom the confession is made confirms it if he is sane and discerning.

(d) The age difference between the person making the admission and the child should be such that the admission is likely to be true.

(e) Submitting a certificate from the Ministry of Social Solidarity stating whether the person whose lineage is to be proven is subject to the alternative families system.

The court may use approved scientific evidence when there is a dispute regarding lineage.

Article (107)

A claim of lineage shall not be accepted after the death of the person accused of lineage unless it is within a financial right.

Article (108)

In the event of denial, a claim of lineage acknowledgment or testimony of acknowledgment thereof shall not be accepted after the death of the deceased unless there are official or written documents, all in the handwriting of the deceased and bearing his signature, or approved scientific evidence indicating the validity of this claim.

Article (109)

A man may deny paternity of a child through li'an (mutual imprecation), and he may perform li'an to deny paternity on his own if  the wife refuses to perform li'an. A man is prohibited from performing li'an in the following cases:

A- Thirty days after he learned of the birth.

b) If he has explicitly or implicitly acknowledged the lineage.

C- If it is proven by approved scientific means that the child is his.

Article (110)

The process of li'an involves the man swearing four oaths by God that he is truthful in what he accused his wife of, intending to deny  the lineage of her child from him, and the fifth oath that God's curse be upon him if he is among the liars.

The woman swears four oaths by God that he is a liar, and the fifth oath is that God’s wrath will be upon her if he is truthful.

Article (111)

If a man invokes the curse upon his wife, the court shall rule as follows:

(a) Dissolution of the marriage contract.

(b) Denying the child's lineage to the man, and attributing him to his mother.

(c) The administrative body is tasked with choosing a name for him in accordance with the provisions of Article (102) of this law.

(d) Estimating the expenses for the child and his mother if she is poor from the Egyptian Family Support Fund.

Chapter Five:

Missing

Article (112)

A missing person who is presumed dead is presumed dead three years after the date of their disappearance.

A missing person is considered dead after at least thirty days have passed since the date of his disappearance if it is proven that he was on board a ship that sank or was in a plane that crashed, or other fatal accidents, or after six months have passed since the date of his disappearance if he was a member of the armed forces or a member of the police force and went missing during military or security operations.

The Prime Minister, the Minister of Defense, or the Minister of the Interior, as the case may be, shall issue a decision, after investigation and the presentation of evidence that strongly suggests death, listing the names of the missing persons who were considered dead under the provisions of the preceding paragraph. This decision shall serve as a ruling on the death of the missing person.

In other cases, the judge is authorized to determine the period after which the missing person is presumed dead, provided that it is not less than three years, after investigating him by all possible means to determine whether the missing person is alive or dead.

Article (113):

When a missing person is declared dead or a decision is published declaring him dead in accordance with Article (112) of this Law, his wife shall observe the waiting period for death, and his estate shall be divided among his heirs present at the time of the issuance of the judgment or publication of the decision in the Official Gazette, and all other effects resulting from death shall be incurred.

Article (114):

If it turns out that the missing person is alive, his wife is his, unless she marries another, and he consummates the marriage with her without knowing that the first one is alive. In that case, the marital relationship between her and the second husband continues, and her marriage contract with the first one is dissolved. If he did not consummate the marriage with her, or if one of them knew that the first one was alive, her marriage contract with the second one is considered dissolved, provided that she observes a waiting period from him in accordance with the provisions of Article (89) of this law.

Chapter Six

Matters related to children

Chapter One:

nursery

Article (115)

Custody is the preservation, upbringing, and care of a child, and attending to his affairs during a specific period defined by law.

Custody is established for the mother, then the father, then the female relatives, giving precedence to those related through the mother over those related through the father, and considering those who are related through both sides in the following order:

The mother, then the father, then the mother’s mother and so on up the paternal line, then the full sisters, then the maternal sisters, then the paternal sisters, then the daughter of the full sister, then the daughter of the maternal sister, then the cases in the order mentioned above in the sisters, then the daughter of the paternal sister, then the daughters of the brother in the mentioned order, then the paternal aunts in the mentioned order, then the maternal aunts of the mother in the mentioned order, then the maternal aunts of the father in the mentioned order, then the paternal aunts of the mother in the mentioned order, then the paternal aunts of the father in the mentioned order, and the court, in accordance with the interest of the child in custody, may not adhere to this order.

If none of these exist, or if none of them are eligible for custody, the right to custody passes to the male relatives according to the order of entitlement in inheritance, taking into account the precedence of the grandfather over the brothers.

If none of these exist, the right to custody passes to the minor’s male relatives who are not related by blood, in the following order: maternal grandfather, then maternal brother, then maternal brother’s son, then maternal uncle, then full maternal uncle, then paternal uncle, then maternal uncle.

If no one is found who deserves custody or no one accepts it, the court must place the child in the care of a trustworthy man or woman or deposit him with a safe entity.

In all cases, custody is not granted to anyone who is not a close relative of the child, whether male or female, when there is a difference in gender.

If the person entitled to custody of the child loses or relinquishes his right to custody, this right is not restored to him, even if its conditions are met, except based on the best interests of the child as determined by the court.

Article (116)

Those entitled to custody must meet the following conditions:

• Reason, maturity, and trustworthiness.
• The ability to raise, maintain, and care for the young.
• Safety from infectious diseases.
• No one should live with him who has enmity, hostility, or hatred between him and the child in his custody.

Article (117)

If the custodian is a woman, in addition to the conditions mentioned in the previous article, she must not differ in religion from the child after he reaches seven years of age, and she must not bring anything with the child that could be feared to affect his religion before he reaches this age.

Article (118)

The right of custody ends, and its fee is forfeited, when the child reaches the age of fifteen years.

Article (119)

The right to keep the child begins after the end of the custody period, and after this age he has the right to choose to live with whomever he wants from among those who had the right to his custody, and he has the right to change this choice until the young boy reaches the age of majority and the young girl until she gets married.

Article (120)

The right to custody of women continues after the child reaches the maximum age for custody if he suffers from a mental or physical illness that prevents him from taking care of himself, taking into account the best interests of the child.

Article (121)

The name of a minor child over whom a custody dispute has arisen may not be changed except with the consent of his or her parents. In the event of a dispute, the matter shall be referred to the head of the Family Court in his capacity as the judge of urgent matters, and the concerned party shall notify the Civil Status Department of this.

Article (122):

If the father or mother who is the custodian marries someone who is not a relative of the child, he forfeits his right to custody unless the child’s best interests require otherwise.

Notwithstanding the provisions of the first paragraph of this article, and taking into account the best interests of the child,  the marriage of the custodial mother does not forfeit her right to custody in the following two cases:

A- If the age of the child in custody does not exceed seven years.

B - If the child in custody has an illness or disability that makes his custody difficult for anyone other than the mother.

In all cases, if the child remains with his mother despite her marriage, she loses her right to reside in the custody residence prepared by the divorced man, and she is entitled to a custody residence allowance.

Article (123)

The right of the person entitled to custody is forfeited if he does not claim it within one year from the time he is legally entitled to it without an excuse, unless the interest of the child under custody requires otherwise.

Article (124):

The marriage of the custodian or a custodian other than the mother and father does not forfeit their right to custody unless it causes harm to the child under their care.

Article (125)

The custodian or guardian may not move the child to a governorate within the country where the person entitled to see him does not reside, otherwise his right to custody will be forfeited unless there is a benefit in doing so that is deemed by the court.

Article (126)

The person who has the right to custody shall keep the original documents or papers pertaining to the child in custody that are necessary to serve his interests, and if this is not possible, he may obtain them or official copies thereof by order of the head of the Family Court in his capacity as a judge of temporary matters.

Article (127)

The ruling to transfer custody in accordance with the provisions of this law entails transferring the payment of child support to the last custodian for the duration of his custody.

Article (128)

If the court orders the transfer of custody for a temporary period in accordance with the provisions of Articles (141) and (151) of this law, the temporary custodian may request the court to enable him to use the custodian's residence for the duration of that period, and the court shall order its return to the custodian after its expiry.

Article (129)

The marital residence is the last dwelling prepared by the husband for his wife, whether by himself or through someone else, for them to live in together during the marriage, complete with facilities, movables and tools, free from the residence of others, and in a safe place where she feels secure about herself and her money, whether they have lived in it or not. Administrative housing or the dwelling prepared by the wife is not considered to be the marital residence.

Article (130)

The divorced man must provide his young children from his irrevocably divorced wife and their custodian with a suitable independent residence. If he does not do so during the custody period, they will continue to occupy the marital residence without him. If the residence is owned by the custodian, they will continue to occupy it and she is entitled to a residence allowance for custody.

If the custodial residence is jointly owned by the father of the children and the custodian, they continue to live in it without him, and the custodian is entitled to a housing allowance calculated based on the fair market rent and equivalent to the value of her share in the ownership. If the residence is rented, the father of the children is obligated to pay its rental value. If he refuses to pay, the court obligates him to pay the rent for this residence.

The court gives the custodian the choice between remaining in the marital home or having a suitable housing allowance provided for her and the children under her care. If she chooses the allowance, this becomes binding on the next custodians.

During the custody period, the divorced father may provide alternative accommodation for the child, separate from the marital home, and invite the custodial parent to move there. If she refuses, the matter will be referred to the court for consideration. After verifying, by any means it deems appropriate, that the accommodation is suitable in terms of location, facilities, and spaciousness, the court will present the matter of moving to the custodial parent. If she refuses, the court will compel her to hand over the marital home to the divorced father and will determine the cost of accommodation for the child. If she accepts, the court will compel the divorced father to pay the rent for the provided accommodation, if it is rented.

If the custodian has another residence in which she has the legal right to reside, her right to independence in the marital residence is forfeited, and she is entitled to receive a residence allowance for custodianship.

Article (131)

If the custodian has taken up residence in the marital home, no one other than her children from her ex-husband may reside with her there except with his explicit or implicit consent, unless necessity dictates otherwise.

If the custodian is not the mother of the children and she has a residence suitable for the children, she does not have the right to live independently in the custodian's residence except with the father's consent, otherwise the court shall determine for her a suitable housing allowance.

Article (132)

A claim for custody housing is not accepted after six months have passed from the date of knowledge of the documentation of the divorce or the divorce decree becoming final.

If the right to custody ends, the divorced man may return to the residence with his children if he had the legal right to retain it in the first place.

Article (133)

If the children in custody have money sufficient for their expenses and housing, or a private residence owned by them or over which they have a usufruct right suitable for living, the father is relieved of the obligation to provide them with a residence for custody.

Article (134):

A divorced woman is entitled to a breastfeeding allowance from the date she is no longer entitled to maintenance, and others are entitled to it from the time of breastfeeding, for a period not exceeding two years from the time of birth. It is to be paid from the child’s money if he has money, otherwise it is to be paid by the one who is obligated to maintain him.

The divorced mother who has custody is entitled to custody fees from the date she is no longer entitled to maintenance, and others are entitled  to them from the time custody begins, until the child reaches the maximum age for custody.

The fee is not waived except by performance or release proven in writing.

Chapter Two: Educational Authority

Article (135)

The educational authority aims to attend to the child’s academic affairs by choosing the type and level of education and all matters related to his academic future.

Article (136)

Educational guardianship over the child in custody belongs to the guardian, and in case of disagreement over what achieves the child’s best interest, any of the concerned parties shall refer the matter to the head of the Family Court in his capacity as a judge of temporary matters, so that he may issue a decision by way of an order on a petition that achieves this interest without prejudice to the guardian’s right to educational guardianship.

Article (137)

After the end of the custody period, any dispute that arises regarding the educational guardianship of the minor shall be referred to the head of the family court in his capacity as a judge of temporary matters.

Article (138)

The father is obligated to cover the educational expenses of his children at all educational levels, including the preparatory period before basic education and up to the completion of university studies. If the father has chosen a specific type of private education for his children, he cannot retract that choice as long as his financial means allow it and no legitimate reason arises for him to do so.

Article (139)

If a boy is receiving private education that the father has not explicitly or implicitly accepted, and its expenses exceed the father’s financial ability, the father shall be obligated to pay part of those expenses according to his means, and those he has enrolled in this education shall complete those expenses from his own money without recourse to the father.

Chapter Three:

Vision

Article (140):

The right to see the child is established for non-custodial parents, grandparents, and great-grandparents gathered together in one place.

If it is not possible to arrange visitation by agreement, the court shall arrange it in a place that does not harm the child psychologically and physically.

Article (141):

If the custodian refuses to implement the visitation order without an acceptable excuse, the court shall issue an enforceable order transferring custody temporarily to the next person entitled to custody, as stipulated in Article (115) of this law, for a period not exceeding three months from the date of implementation. The maintenance of the child shall be paid by the person obligated to pay it to the temporary custodian during that period. If he refuses again without an acceptable excuse after the transfer order becomes final - and the court sees that the transfer of custody should not be repeated temporarily - it shall revoke custody from him and transfer it to the person entitled to custody, and it may not be returned to him unless the interest of the child requires it.

In all cases, the court must reorganize the visitation in light of the ruling it will issue if it is asked to do so.

Article (142):

The ruling on visitation by the public authority is not enforced by force.

Article (143)

The right to visitation is forfeited if the person requesting it is the same person obligated to pay child support under an enforcement order, as long as he refuses to pay it without an acceptable excuse, until the support is paid.

Article (144):

Subject to the provisions of the preceding articles, it is permissible to request an electronic visitation order initially, and it is also permissible to request the replacement of electronic visitation with direct visitation and vice versa or alternately, and this shall be by decision of the head of the Family Court in his capacity as a judge of temporary matters, after hearing the statements of the concerned parties.

The regulation of electronic vision shall be issued by a decision of the Minister of Justice.

Article (145):

Direct or electronic visitation shall be for a period of no less than three hours per week, taking into account the interest of the child in custody, his age, and his health condition, and shall be between eight in the morning and ten in the evening, taking into account the seasons of the year.

In the case of electronic visitation, the time zone of the country where the child resides is taken into consideration.

Article (146):

The custodian may submit a request to the head of the Family Court, acting as a judge of urgent matters, to suspend visitation rights if the parent entitled to visitation refuses to see the child three consecutive times without prior notification each time, unless the refusal is due to a valid reason. The suspension order is issued for a period not exceeding three months from the date of its issuance, after hearing the statements of the concerned parties.

Article (147)

The right to see the young boy or girl expires when they reach the age of fifteen years, and after this age the matter is up to them without dependence on a ruling from the court.

Chapter Four: Visitation

Article (148)

Visitation is a request for the person entitled to it to take the child in custody after receiving him from his custodian, for a specified period and return him to him after its expiry. It may also include him staying overnight.

The right to visitation belongs to the non-custodial parent, and if they do not request it, the right belongs to the grandparents, taking into account the best interests of the child in custody, and in accordance with the following provisions:

1 - Visitation requests for a child under five years of age are not accepted, except by agreement, provided that his health condition allows it.

2- The visitation period shall not be less than eight hours and shall not exceed twelve hours each month, provided that it does not begin before eight in the morning and does not continue after ten in the evening. It is not permissible to combine visitation and seeing the person entitled to visitation or others in the same week, unless the court sees otherwise, taking into account the interest of the child in custody.

The child in custody shall stay overnight with the person granted custody, provided that the period is not less than two days and does not exceed four separate days each month.

In addition to the above, the person entitled to visitation may request that the child under custody stay overnight for a maximum of four separate periods of consecutive days, provided that the total of those days does not exceed thirty days of each calendar year.

It is permissible to reduce the minimum periods stipulated in clauses (2) and (3) first paragraph of this article, based on the request of the person entitled to visitation.

Article (149):

The right to visitation is forfeited if the applicant is legally obligated to pay child support under an enforceable order and fails to do so without a valid excuse, until the support is paid. This right is also forfeited upon a final judgment against the applicant, in accordance with Article (1/175) of this law.

Article (150)

The person entitled to visitation may take the child from his place of custody and return him to him immediately upon the expiry of the visitation period, if this is agreed upon.

If that is not possible, the court will organize it, taking into account the visitation ruling if there is one, provided that the child in custody is taken from the place designated for his visitation and returned to the same place, and the Minister of Justice will issue the regulatory decisions for that.

Article (151):

If the custodian refuses to implement the visitation order without an acceptable excuse, the court shall, by an enforceable order, temporarily transfer custody to the next person entitled to custody as stipulated in Article (115) of this law, for a period not exceeding three months from the date of implementation. The maintenance of the child shall be paid by the person obligated to pay it to the temporary custodian during that period. If he refuses again without an acceptable excuse after the transfer order becomes final - and the court sees no need to repeat the temporary transfer of custody - it shall revoke custody from him and transfer it to the person entitled to his custody, and it may not be returned to him unless the interest of the child requires it.

In all cases, the court must reorganize the visitation in light of the ruling it will issue if it is asked to do so.

Article (152)

The custodian may submit a request to the head of the Family Court, acting as a judge of urgent matters, to suspend visitation rights if the person entitled to visitation refuses to allow it three consecutive times without prior notification each time, unless the refusal is due to a valid reason. The suspension order shall be issued for a period not exceeding three months from the date of its issuance, after hearing the statements of the concerned parties.

Article (153):

The custodian or the person entitled to visitation may request a stay of execution of the ruling regulating it for a specified period, if compelling circumstances arise for any of its parties that prevent the continuation of the execution  of the ruling. This shall be by decision of the head of the Family Court in his capacity as a judge of temporary matters, after hearing the statements of the concerned parties.

Article (154):

Those concerned may prove the agreement to amend the place and time of the court-ordered visitation, by a decision from the head of the Family Court in his capacity as a judge of temporary matters.

Article (155)

The court may, at the request of the concerned parties, amend the ruling issued regarding visitation in accordance with the best interests of the child in custody if new circumstances arise that necessitate such amendment.

Article (156):

The ruling issued by the public authorities regarding the visitation is not enforced by force.

Chapter Seven:

Expenses of assets and branches

Article (157)

If the boy does not have enough money, his father is responsible for his expenses. The father is responsible for the expenses of the children until the girl marries or earns enough to support herself, and until the boy reaches the age of eighteen. If he reaches it while unable to earn due to a mental illness, physical disability, or because of seeking education appropriate to his peers and his readiness, not exceeding the first university level, or because earning is not possible, his expenses are still the responsibility of his father. The father’s financial situation, whether easy or difficult, is taken into account when assessing the expenses, provided that it is not less than the minimum required for sufficiency. The father is obligated to pay for the treatment of his children and to provide them with housing that ensures they live at a level befitting their peers.

Article (158)

The maintenance of children is due from their father from the date he stops providing for them, and the rest of the maintenance of relatives is due from the date of the legal claim, and these expenses are not waived except by payment or release proven in writing.

Article (159):

The child’s expenses are the responsibility of his wealthy paternal grandfather if the father is deceased or unable to earn a living. If the grandfather is deceased or insolvent, then his expenses are the responsibility of his mother if she is wealthy.

Article (160):

The maintenance of a divorced woman or a widow who has no money is the responsibility of her father, unless there is someone else who is obligated to provide for her.

Article (161)

A financially capable child, whether male or female, is obligated to support their poor parents. If the parents have insufficient wealth to meet their needs, the financially capable child is obligated to provide what is necessary to supplement their needs. If there are multiple financially capable children, the support is shared jointly among them, each according to their means.

Article (162):

The expenses of each person entitled to it must be paid by his wealthy relatives who inherit from him, according to their order and shares in the inheritance. If the heir is poor, it is imposed on the one next to him in the inheritance.

Article (163):

A claim to amend the imposed maintenance for relatives by increasing or decreasing it shall not be accepted before one year has passed since it was imposed, unless exceptional circumstances arise that are assessed by the court, and the amendment shall be effective from the date of the ruling.

Article (164)

No offset shall be made between the child’s expenses on his father and a debt proven to be owed to the father by his custodian.

Chapter Eight:

General provisions and penalties

Chapter One

General Provisions

Article (165):

Every divorce decreed by the judge in accordance with the provisions of this law shall be irrevocable, and annulment shall only occur by court order.

Article (166):

Disputes, discord, and harm between spouses are proven by all means of proof, and it is sufficient to hearsay testimony, which is everything that is widely reported among people and heard from others according to what the judge is satisfied with.

Article (167):

The year referred to in matters of guardianship over oneself is the Gregorian calendar year, which has (365) days, unless the law stipulates otherwise.

Chapter Two

sanctions

Article (168):

Without prejudice to any more severe penalty provided for in the Penal Code or in any other law, the crimes stipulated in the following articles shall be punished by the penalties prescribed therein.

Article (169):

Anyone who marries or participates in the marriage of a child under the age of eighteen at the time of the marriage shall be punished by imprisonment for a period of not less than one year and a fine of not less than fifty thousand Egyptian pounds and not more than two hundred thousand Egyptian pounds. In addition to the penalties stipulated in the preceding paragraph, the court shall order the dismissal of the marriage officiant or notary.

This crime does not lapse with time.

Article (170)

Anyone who fails to submit the statement of actual income referred to in Article (58) of this Law within fifteen days from the date of receiving the court’s decision or authorization or being legally notified of it shall be punished by imprisonment and a fine of not less than ten thousand pounds and not more than twenty thousand pounds, or by one of these two penalties.

Article (171)

The divorced man, or his agent or representative - as the case may be - shall be punished by imprisonment for a period not exceeding six months and by a fine of not less than one thousand pounds and not exceeding five thousand pounds, or by one of these two penalties, if he violates the provisions of the first paragraph of Article (75) of this Law, or if he deliberately provides incorrect information about the place of residence of the divorced woman.

Article (172)

The husband or his representative - as the case may be - shall be punished by imprisonment for a period not exceeding six months and by a fine of not less than one thousand pounds and not exceeding five thousand pounds if he provides incorrect information about the marital status of the husband or the place of residence of the wife or wives under his guardianship, contrary to what is stipulated in Article (79) of this Law.

Article (173)

The marriage officiant or notary shall be punished by imprisonment for a period not exceeding three months and a fine not exceeding three thousand pounds or by one of these two penalties if he violates the obligations stipulated in Articles (75, 79, 96) of this law, or the ministerial decisions regulating its application, and the court may order his dismissal.

Article (174):

Subject to the provisions of Articles (143, 149) of this Law, any custodian who prevents the person entitled to visitation or access from exercising his right without an excuse accepted by the court shall be punished with a fine of not less than one thousand pounds and not more than five thousand pounds.

In case of recidivism, the fine stipulated in the previous paragraph shall be doubled.

Article (175)

Anyone who has the right to visitation and deliberately refuses to hand over the child to the custodian after the visitation period has ended, with the intention of depriving the custodian of custody, shall be punished with imprisonment with labor for a period of not less than six months. The court shall also order the convicted person to hand over the child to the custodian.

The guardian, his special agent, his heirs, or their special agent may request the Public Prosecution or the competent court, as the case may be and at whatever stage the case is in, to prove his reconciliation with the accused.

Reconciliation results in the termination of the criminal case, and the Public Prosecution orders the suspension of the execution of the sentence if reconciliation takes place during its execution, even after the judgment has become final.

Section Two

Guardianship over money

Chapter One

State

Article (176):

Guardianship, within the scope of the provisions of Chapters One and Two of this section, means any person who has authority over the property of a minor, whether by force of law or by a court decision.

Guardianship over the minor’s property is established for the father, then for the mother unless the father chooses a guardian, then for the grandfather, taking into account the provisions of Article (203) of this law. The rules established therein regarding guardianship shall apply to the mother.

A guardian may not resign from his guardianship except with the permission of the court.

Article (177)

A guardian may not exercise any of the rights of guardianship over the minor’s property unless he has the necessary legal capacity to exercise this right with respect to his personal property.

Article (178)

The guardianship does not include money that goes to the minor through donation, if the donor stipulates this.

Article (179)

The guardian is responsible for the care and preservation of the minor’s funds, and has the authority to manage and dispose of them in a manner that serves the minor’s best interests, while observing the provisions stipulated in this law.

Article (180)

The guardian may not make a donation from the minor’s money except to fulfill a humanitarian or family duty, and with the permission of the court. If someone makes a donation to the minor, the guardian must accept it, taking into account Article (187) of this law.

Article (181)

The guardian may not dispose of the minor’s real estate or movable property for himself, his spouse, or relatives of either of them up to the fourth degree except with the permission of the court, and he may not mortgage the minor’s real estate or movable property for a debt owed by himself.

Article (182)

Subject to the provisions of Article (188) of this Law, the father may not dispose of, assign, or settle any movable or immovable property, business premises, or securities if the minor’s share in any of these exceeds one hundred thousand pounds and only once, except with the permission of the competent court. The court must refuse permission if the disposal would put the minor’s money at risk, or if it involves a loss exceeding one-fifth of the value.

Article (183)

If the deceased father of the minor has stipulated that his guardian should not dispose of the inherited money, then the guardian is not permitted to dispose of it except with the permission of the court and under its supervision.

Article (184)

The guardian is not permitted to lend the minor’s money to anyone or to borrow it except with the permission of the court, and the debt shall be paid under its supervision.

Article (185)

The guardian may not, without the court’s permission, rent out the minor’s property for a period that extends one year after the minor reaches the age of majority.

Article (186)

The guardian may not continue in a business that has been transferred to the minor except with the permission of the court, and within the limits of this  permission.

Article (187)

A guardian may not accept a gift or bequest to a minor that carries any obligations except with the permission of the court.

Article (188)

The restrictions set forth in this law shall not apply to money that has come to the minor through donation from the father or mother, whether the donation was explicit or implicit, and the donating father or mother shall not be required to provide an account statement for this money.

Article (189)

A father may contract with himself in the name of the minor, whether for his own account or for the account of another person, unless the law stipulates otherwise.

Article (190)

The grandfather may not - without the permission of the court - dispose of the minor's money, make a settlement regarding it, waive it, or the securities, or weaken them, nor carry out the division.

Article (191)

The guardian must prepare a list of the minor’s money and everything that will accrue to him, and deposit this list with the clerk of the court in whose jurisdiction his residence is located, within a period not exceeding two months from the start of the guardianship or from the accrual of this money to the minor.

The court may consider failure to submit this list or delay in submitting it as putting the minor's money at risk.

Article (192)

The guardian may spend on himself from the minor's money if he is obligated to provide for him, and he may also spend from it on those whom the minor is obligated to provide for.

Article (193):

Guardianship ends when the minor reaches twenty-one years of age, unless the court rules before he reaches this age that guardianship over him will continue.

Article (194):

If guardianship over a person ends, it does not return unless a reason for guardianship arises.

Article (195):

If the minor's funds are endangered due to the guardian's misconduct or for any other reason, the court may remove or limit the guardianship.

Article (196):

The court orders the suspension of guardianship if the guardian is considered absent or is restricted in execution of a sentence of felony punishment or imprisonment for a period exceeding one year.

Article (197)

A ruling to deprive or suspend guardianship over a minor entails its forfeiture or suspension with respect to money.

Article (198)

If the guardianship is taken away, limited, or suspended, it shall not be restored except by a decision of the court, after verifying that the reasons that led to its being taken away, limited, or suspended have disappeared.

Article (199):

The father is only questioned about his serious mistake, while the grandfather is questioned about the responsibility of the guardian.

Article (200):

The guardian or his heirs must return the minor’s money to him within thirty days of him reaching the age of majority. If the guardian dies, is placed under guardianship, or is considered absent, his heirs or his representative, as the case may be, are obligated to hand over the money to the minor’s legal representative within sixty days of the date of death, or the date the guardianship ruling becomes final or the absence is proven.

The father is not held accountable for how he spends the proceeds of the minor's money, however, he is held accountable for the proceeds of money that was given to the minor for a specific purpose, such as education or practicing a craft or profession.

Article (201)

The provisions of this law regarding accounting shall apply to the grandfather.

Chapter Two:

Guardianship

Chapter One:

Appointment of a guardian

Article (202)

The guardian must be just, competent, and of full legal capacity. The following may not be appointed as guardians:

1. The person convicted of a crime that violates morals, or that affects honor or integrity, but if more than five years have passed since the execution of the sentence, the court may, when necessary, waive this condition.

2 - Whoever is convicted of a crime that would legally require the removal of his guardianship over the same minor, if he had been under his guardianship.

3 - Those who are known for their bad reputation, or who do not have a legitimate means of livelihood.

4. The person declared bankrupt until he is ordered to be rehabilitated.

e - Anyone who has previously had their guardianship revoked, or has been removed from guardianship of another minor.

6- If the father decides before his death to deprive him of appointment, provided that this deprivation is based on strong reasons which the court, after investigating them, deems justifiable, and the deprivation is proven by an official or customary document in which the father’s signature is certified, or written in his handwriting and signed by him.

If there is a family dispute or legal conflict between him, or one of his ascendants, descendants, or spouse, and the minor that is feared to be detrimental to the minor's interests.

In all cases, the guardian must be from the same sect as the minor, or if not, from the same sect, or if not, from the same religion.

Article (203)

A father may appoint a guardian for his minor child or for an unborn child, and this is also permissible for a donor in the case stipulated in Article (178) of this law.

The choice is proven by an official or customary document with the signature of the father or the donor certified, or written in his handwriting and signed by him.

The father and the donor by way of will may, at any time, change their choice in the same way as if they were not present.

The guardianship is presented to the court for confirmation.

Article (204):

If the minor or the unborn child does not have a chosen guardian, the court shall appoint a guardian for him, taking into account the provisions of Article (176) of this law. The guardian of the unborn child shall remain the guardian of the newborn unless the court appoints another.

Article (205):

If necessary, more than one guardian may be appointed. In this case, none of them may act alone unless the court has specified the jurisdiction of each of them in the decision to appoint him or in a subsequent decision. However, each of the guardians may take the necessary, urgent or effective measures for the benefit of the minor. In case of disagreement between the guardians, the matter shall be referred to the court to order what follows.

Article (206):

The court shall appoint a special guardian and define his duties in the following cases:

A. If the interest of the minor conflicts with the interest of the guardian, trustee, spouse, one of his ascendants or descendants, or with the person whom the trustee represents, or with the interest of another minor under his guardianship.

b. Concluding, amending, terminating, invalidating or cancelling any of the opposition contracts between the minor and the guardian, or one of those mentioned in clause (a).

C. If money comes to the minor through donation, and the donor stipulates that the guardian shall not manage this money.

d. If circumstances require special expertise to perform certain tasks or manage certain funds.

e. If the guardian is not legally competent to directly exercise one of the rights of guardianship 

Article (207)

The court shall appoint a temporary guardian if the guardianship of the mother is suspended or the guardianship of the minor is suspended, and the minor has no other guardian, as well as if the guardian is suspended, or temporary circumstances prevent him from performing his guardianship duties.

Article (208)

In cases of necessity, guardianship may be entrusted to a legal entity legally concerned with the care of the minors' funds.

Article (209)

The court may appoint a guardian for litigation, even if the minor has no money.

Article (210)

The Ministry of Social Solidarity may conduct a social investigation and present it to the competent Family Court to issue a decision to grant a member of the alternative family sponsoring the child guardianship, and it may also request its cancellation from the same court based on what the social investigation results from.

The Ministry of Social Solidarity is committed to providing the National Council for Childhood and Motherhood with a detailed statement on the cases of children under the guardianship of alternative families on a regular basis in order to provide them with the necessary care.

Article (211)

The provisions of guardianship contained in this law shall apply to the special guardian, the temporary guardian, and the litigation guardian, taking into account what the nature of each of their duties requires.

Article (212)

The mission of the special guardian, the temporary guardian, and the litigation guardian ends with the completion of the work that was established for him to carry out, or the period that required his appointment.

Chapter Two:

Guardianship duties

Article (213)

The guardian receives the minor’s money and takes care of it, and he must exercise the same care in this regard as is required of an agent for a fee, in accordance with the provisions of the Civil Code. In that capacity, he may directly request  statements from governmental and non-governmental bodies relating to the minor’s money, provided that the statement includes the name of the body to which it is addressed.

Article (214):

The court may require the guardian to provide security of the value it deems appropriate, and the expenses of providing this security shall be borne by the minor.

Article (215)

The guardian may not donate the minor's money except to fulfill a humanitarian or family duty, and with the permission and under the supervision of the court.

Article (216):

The guardian may not undertake the following actions except with the permission of the court:

First: All actions that would create, transfer, change or extinguish any of the original or subsidiary real property rights, as well as all actions established for any of the aforementioned rights. The authorization regarding the decision to sell the property shall be valid for a period of six months, renewable by order of the court.

Second: Disposing of movable property, personal rights, or securities, except for what falls under the work of management.

Third: Settlement or arbitration, except for matters less than ten thousand pounds, related to administrative work.

Fourth: Assignment of rights and debts, and acceptance of the assignment.

Fifth: Investing and liquidating funds.

Sixth: Borrowing and lending money.

Sabha: Renting out a minor’s property for a period exceeding three years in agricultural lands, and for a period exceeding one year in buildings.

Eighth: Delaying the minor's property for a period extending beyond his reaching the age of majority for more than one year.

Ninth: Accepting or rejecting donations that come with a condition.

Tenth: Spending from the minor’s money on those whom he is obligated to support, unless this support is mandated by a legally binding judgment.

Eleventh: Voluntary fulfillment of obligations that are incumbent upon the estate, or upon the minor.

Twelfth: Filing lawsuits, except in cases where delaying the filing of a lawsuit may cause harm to the minor, or the loss of a right belonging to him.

Thirteenth - Waiving rights and claims, accepting judgments subject to ordinary appeals, waiving these appeals after they have been filed, filing extraordinary appeals against judgments and waiving them.

Fourteenth: Waiving or weakening insurance.

Fifteenth: The guardian may rent the minor’s property to himself, his spouse, or to one of their relatives up to the fourth degree, or to someone for whom the guardian is acting as his representative.

Sixteenth: What is spent on the marriage of a minor.

Seventeenth: Educating the minor if he needs the necessary expenses and expenditure to enable the minor to practice a specific profession.

Article (217)

The guardian must seek permission from the court to divide the minor's property by mutual consent, if he has an interest in doing so. If the court grants permission, it shall specify the basis on which the division shall be carried out, and the procedures to be followed. The guardian must present the division agreement to the court to verify its fairness. In the event of a judicial division, the court must authorize him to take the procedures for that division in accordance with the provisions of the Civil Code.

Article (218)

If a lawsuit is filed against a minor, a person under guardianship, or an absentee by another heir, the court may, at the request of his representative or at the request of the Public Prosecution, suspend the division for a period not exceeding five years, if it is proven to it that expediting it would cause serious harm.

Article (219)

The guardian must present to the court without delay any lawsuits filed against the minor, and any enforcement procedures taken against him, and he must follow the court’s orders in this regard.

Article (220)

The guardian must deposit in the minor’s name in one of the court treasuries or in one of the banks - as ordered by the court - all the money he collects after deducting the prescribed maintenance and the total amount estimated by the court for the account of administrative expenses, within fifteen days from the date of collecting the money.

No money deposited may be withdrawn except with the permission of the court.

Article (221)

The guardian must deposit in the minor’s name all securities, jewelry, ornaments and other items that the court deems necessary to deposit, within fifteen days from the date of receiving them, in the bank designated by the court, and he may not withdraw any of them without the court’s permission.

Article (2222)

The guardian must submit to the court a documented account of his administration before January 1st of each  year. 

The guardian is exempt from submitting the annual account if the minor’s funds do not exceed fifty thousand pounds, unless the court decides otherwise.

In all cases, the guardian who is replaced by another must submit an account to the court within thirty days from the date of termination of his guardianship.

Article (223)

Guardianship is without pay unless the court, at the request of the guardian, decides to assign him a wage or grant him a reward for a specific task.

Chapter Three:

End of guardianship:

Article (224)

The guardian's mission ends:

A. When the minor reaches twenty-one years of age, unless it is decided that guardianship over him will continue before he reaches this age.

B - By returning the guardianship to the guardian.

C - By removing him or accepting his relinquishment of guardianship.

d. By losing his legal capacity, or by proving his absence, or his death, or the death of the minor.

Article (225)

If there are serious reasons to consider removing the guardian or if there is an impediment that removes his eligibility, the court shall order his suspension.

Article (226):

The guardian shall be removed from office in the following cases:

1. If he has a reason for disqualification from guardianship according to Article (202) of this Law, even if this reason existed at the time of his appointment and was not taken into account.

2. If he mismanages, neglects, or if his continued presence poses a danger to the minor's interests.

Article (227)

The guardian must, within thirty days following the end of his guardianship, hand over the funds in his custody, in a record, to the minor who has reached the age of majority, or to his heirs, or to the new guardian or custodian, or the temporary custodian, as the case may be. He must deposit with the court clerk, within the aforementioned period, a copy of the account and the record of the handover of the funds.

Article (228)

If the guardian fails to fulfill his duties under this law or obstructs the implementation of decisions issued by the competent court, the court may fine him a fine not exceeding ten thousand pounds, which shall be multiplied by the number of minors, and may deprive him of all or part of his salary, and dismiss him, or impose one of these penalties.

The court may grant the minor this fine, or part of it, and it may exempt the guardian from the fine in whole or in part if he implements the decision for which he was fined for failing to implement it, or if he provides an excuse that is acceptable to the court.

In case of repetition, the fine shall not be less than five thousand pounds, nor more than twenty thousand pounds, and shall be multiplied according to the number of minors.

The court may, by reasoned decision, take appropriate precautionary measures to safeguard the minor’s funds with the legal guardian or a third party, and it may do so if it is proven by a final judgment that the aforementioned or a third party has encroached upon his funds.

The Family Affairs Prosecution Office may seize the funds of the guardian, up to the amount of the minor's assets that were violated, after summoning him to present his defense, and until those assets are recovered. This decision may be appealed before the competent court.

Within ten days from the date of announcing the decision to the concerned parties, to decide on it urgently.

All the above provisions apply to the guardian, the agent for the absent, the special guardian, and the temporary guardian.

Article (229):

If the guardian dies, is placed under guardianship, or is considered absent, his heirs or his representative - as the case may be - are obligated to hand over the funds to the legal representative of the minor, and to submit an account statement to the Family Affairs Prosecution within sixty days from the date of death, or the date of the guardianship ruling, or the final proof of absence.

The heirs of the guardian are asked - each within the limits of what he received from the estate of his deceased relative - about the value of what the guardian disposed of, considering the value at the time of disposal.

Article (230)

Any undertaking or release issued in favor of the guardian, by someone who was under his guardianship and has reached the age of majority, shall be voidable if the release or undertaking is issued within one year from the date of submission of the account referred to in Article (2222) of this Law.

Article (221)

1. Every claim by the minor against his guardian or trustee or the person under guardianship, concerning matters of guardianship, trusteeship or trusteeship, shall lapse five years from the date of the minor reaching the age of majority, or the lifting of the guardianship, or the death of the minor or the person under guardianship.

2. If guardianship, trusteeship, or custodianship ends due to deprivation, removal, waiver, or death, the aforementioned limitation period shall not begin except from the date of submission of the account pertaining to guardianship, trusteeship, or custodianship.

Article (232)

The father, as guardian, may authorize a minor who has reached the age of eighteen to receive all or part of his money for management, and this shall be done by attestation before a notary. He may withdraw this authorization or limit it by another attestation, taking into account the provisions of Article (309) of this law.

Article (233)

The court, after hearing the statements of the guardian or the proper grandfather - as the case may be - may authorize the minor who has reached the age of eighteen to receive all or some of his money to manage it himself. If the court refuses the authorization, his request may not be renewed before one year has passed from the date of the final decision of rejection.

Article (234):

A minor who has been authorized may carry out administrative work himself, and he may pay and collect debts resulting from these work, but he may not rent agricultural land and buildings for a period exceeding one year, nor pay debts even if they are established by an enforceable judgment or other executive instrument - except with special permission from the court, or from the guardian in what he owns of that.

A minor who has been granted permission may not dispose of his net income except to the extent necessary to cover the expenses of someone like him and those whom he is legally obligated to support.

Article (235):

A minor – whether under guardianship or trusteeship – may not engage in trade unless he has reached the age of eighteen and the court has given him absolute or conditional permission to do so.

Article (236)

The person authorized to manage or trade must submit an annual account, and the opinion of his deputy shall be taken into consideration. The court may order that the available income be deposited in the court treasury or one of the banks, and nothing may be withdrawn from it except with its permission.

Article (237)

If the person authorized to manage or trade fails to implement what was stipulated in the previous article, or mismanages his management, or there are reasons that make it fearful that the money in his possession will be lost, the court may, on its own initiative or at the request of the Family Affairs Prosecution or one of the concerned parties, limit the authorization or take it away from the minor after hearing his statements.

Article (238)

A minor has the capacity to dispose of money that is handed over to him or placed at his disposal for the purposes of his maintenance, and his obligation related to these purposes is valid only within the limits of this money.

A minor who has reached the age of eighteen is eligible to dispose of what he earns from his work, whether wages or otherwise. The effect of the minor’s obligation may not exceed the limits of the money he earns from his profession or trade. However, if the interest so requires, the court may restrict the minor’s right to dispose of his aforementioned money, and then the provisions of guardianship and trusteeship shall apply.

Article (239)

A minor may, with the permission of the court, once he has reached the age of eighteen, dispose of and deal in securities listed on the Egyptian Stock Exchange, and with financial institutions, up to 25% of his cash funds, not exceeding one hundred thousand pounds, for one time only, and he may dispose of the return on this money if it has generated a return. The minor must submit to the court, within three months, proof of his dealings in what he has been authorized to do.

Article (240):

A minor may enter into an individual employment contract in accordance with the provisions of the law, and the court, upon the request of the guardian or the concerned party, may terminate that contract in the interest of the minor, or for his future, or for another interest that appears to the court.

Article (241):

A minor who has been authorized by his guardian, the court, or the text of the law is considered to have full legal capacity in what he has been authorized to do, and he also has the right to litigate in it.

Article (242):

The Family Affairs Prosecution Office prepares lists of minors whose guardian dies leaving them an inheritance that does not reach the level of sufficiency, and sends them accompanied by a summary of the case (case number, name of the minor, his age, amount of the inheritance, educational status, and address of the minor) to the authorities concerned with the care of the indigent in accordance with the regulatory rules stipulated in the Comprehensive Health Insurance System Law issued by Law No. 2 of 2018, to take the necessary measures towards their care.

Chapter Three:

Guardianship, judicial assistance, and absence

Chapter One:

Stone

Article (243):

An adult is placed under guardianship due to psychological or mental disorder, prodigality, or negligence. The guardianship is lifted only by a court order, and the court appoints a guardian to manage the funds of the person placed under guardianship, in accordance with the provisions of this law.

Article (244):

Expenses necessary for the care of the person under guardianship take precedence over all others.

Article (245):

A person who has been placed under guardianship due to prodigality or negligence may, with the permission of the court, receive all or part of his funds to manage them. In this case, the provisions that apply to a minor who has been granted permission shall apply to him.

Article (246)

Guardianship belongs to the adult son, whether male or female, then to the father, then to the mother, then to the paternal grandfather, then to whomever the court chooses.

It may also be entrusted, in case of necessity, to a legally authorized entity.

Article (247):

The guardian of the incapacitated person must meet the same conditions as the guardian, according to Article (202) of this Law. However, the existence of either of the two reasons stipulated in Clauses (1) and (4) of the aforementioned Article does not prevent the appointment of the child, father, mother, or the correct grandfather if the court sees an interest in that.

Chapter Two:

Legal aid:

Article (248):

If a person is deaf and mute, or blind and deaf, or blind and mute, and is therefore unable to express his will, the court may appoint a judicial assistant to help him with the actions stipulated in Article (216) of this law.

She may also do so if there is a fear that he will be solely responsible for managing his money due to a severe physical disability.

Article (249):

The judicial assistant shall participate in the actions referred to in the previous article. If he refuses to participate in an action, the matter may be referred to the court. If the court sees that the refusal is not justified, it shall authorize the convicted person to assist him in concluding it alone, or it shall appoint another person to assist in concluding it, according to what it states in its decision.

If the failure of the person who has been granted judicial assistance to take a certain action puts his money or interests at risk, the judicial assistant may refer the matter to the court for permission to conclude it alone.

Article (250):

The provisions of Article (231) of this law shall apply to the judicial assistant.

Article (251)

The judicial assistant is considered to be in the same position as the deputy in applying the provisions of Articles (108, 382, ​​479) of the Civil Code.

Chapter Three:

Backbiting

Article (252):

The court shall appoint a representative for the absent person who has full legal capacity in the following cases: when six months or more have passed since his absence and this has resulted in the disruption of his interests or the interests of others related to his interests.

(Firstly) If he is absent, his life or death is unknown.

(Second) If he has no known place of residence or domicile, or if he has a known place of residence or domicile outside the Arab Republic of Egypt, and it is impossible for him to manage his affairs himself or to supervise those he appoints to manage them.

Article (253)

If the absent person leaves a general agent, the court shall rule to confirm him if the conditions required of a guardian are met, otherwise it shall appoint someone else.

Article (254):

The absence ends when its cause disappears, or when the absent person dies, or when a ruling or decision is issued by the competent authority  declaring him dead.

Chapter Four:

General Provisions

Chapter One:

Common provisions regarding guardianship, trusteeship, and absence

Article (255)

The guardian of the incapacitated person, and the agent for the absent person, are subject to the provisions established regarding guardians of minors, and guardianship and agency for absent persons are subject to the provisions established regarding guardianship.

Article (256)

The same rules that apply to the division of the property of an absent person or someone under guardianship also apply to the division of the property of a minor.

Chapter Two:

Supervisor

Article (257)

A supervisor may be appointed by the competent court, along with the guardian, custodian, and agent for the absent person. The supervisor oversees the actions of the person acting on behalf of the incapacitated individual or the agent for the absent person, and must report any matter that the public interest requires to be disclosed to the court or the relevant prosecution office.

The deputy or agent must answer the supervisor's requests for clarification regarding the management of funds and enable him to examine the papers and documents related to these funds.

If the position of deputy or agent becomes vacant, the supervisor must request the court to appoint a new deputy or agent. Until this new deputy or agent takes over, the supervisor shall, on his own initiative, carry out the tasks that would cause harm if postponed.

Article (258):

The provisions applicable to a deputy or agent, as the case may be, shall apply to a supervisor with regard to his appointment, dismissal, acceptance of his resignation, his wages or reward for his work, and his liability for his negligence.

Article (259):

The court decides to terminate supervision if it deems that the reasons for it no longer exist.

Article (260):

The periods stipulated in matters of guardianship over money are calculated according to the Gregorian calendar.

Chapter Three:

Penalties and sanctions

Article (261):

If the fine is imposed on the property of the deputy who was convicted, and then a ruling is issued to dismiss him from it, he has no right except to recover what was obtained from the execution.

Article (262):

If the deputy fails to fulfill any of the duties imposed on him by this law, he shall be responsible for any harm that befalls the minor as a result, and in any case, he shall be held liable as an agent for remuneration.

Article (263):

The provisions of the two preceding articles shall apply to the guardian, the judicial assistant, the agent for the absentee, the special guardian, the temporary guardian, and the supervisor.

Article (264):

Any guardian, trustee, agent, or manager whose status has been revoked who, without acceptable excuse, refuses to hand over the money or papers of a minor, a person under guardianship, or an absentee to the person who has taken his place in guardianship, trusteeship, or agency shall be punished by imprisonment and a fine of not less than one thousand pounds and not more than ten thousand pounds, or by one of these two penalties.

Section Three

Regulating litigation procedures

Chapter One:

General Provisions

Article (265):

Family affairs prosecution offices are established by a decision of the Minister of Justice.

The Family Affairs Prosecution supervises the digital offices and the clerks of the Family Courts and their appellate departments when registering lawsuits, appeals and other matters and completing their documents and memoranda in accordance with Article (65) of the Civil and Commercial Procedures Law.

Article (266)

Taking into account the provisions of Article (31) bis of Law No. 143 of 1994 concerning civil status, those wishing to marry, whether residing within the Egyptian country, or in the case of marriage by proxy for one of the spouses residing abroad, must undergo the necessary medical examination in accordance with the decision of the Minister of Health and Population No. (338) of 2008. The marriage officiant or notary, before concluding the marriage contract, must review the certificate indicating that the aforementioned examination was conducted, and record its numbers in the document.

Article (267):

The right to litigate in personal status matters is established for guardianship over oneself for anyone who has completed fifteen full calendar years and is of sound mind.

The person who has authority over the minor after he reaches this age shall represent him before the courts in lawsuits concerning alimony and related matters such as wages and expenses, and in lawsuits for imprisonment in the event of refusal to pay alimony, and this is what the ministers agreed upon, and no dispute arose regarding that representation. 

The person lacking legal capacity or with diminished capacity is represented by his legal representative. If he has no representative, or if there is a direct approach to litigation proceedings contrary to the opinion of his representative, or in his presence, the court shall appoint a guardian for him on its own initiative or at the request of the Family Affairs Prosecution or others.

Article (268):

The signature of a lawyer is not required on the personal status lawsuits before the Court of First Instance in matters relating to guardianship over oneself stipulated in clauses (1), (5), (6), (8), (10) of Article (289) of this Law. If the lawsuit is filed without the signature of a lawyer on its statement of claim, the court may, when necessary, appoint a lawyer to defend the plaintiff. The judgment issued in the lawsuit shall determine the fees of the appointed lawyer, which shall be borne by the public treasury, without prejudice to the obligation of the sub-branches of the Bar Associations to provide legal aid as stipulated in the Lawyers Law issued by Law No. 17 of 1983.

Claims for alimony and related wages and expenses of all kinds, and claims for imprisonment for failure to pay alimony debt, are exempt from all court fees at all stages of litigation.

In addition to the public treasury, the execution fees for the judgments concerning expenses, wages, and the like shall be added until they are collected from the convicted person.

Article (269):

The lawsuit in matters of guardianship over oneself is filed in the usual manner for filing a lawsuit as stipulated in the Civil and Commercial Procedures Law.

However, it is permissible to file a lawsuit, submit the applications stipulated in this law, and notify the opposing parties by any means of information technology remotely. A decision shall be issued by the Minister of Justice in coordination with the Minister of Communications and the concerned authorities to regulate this, taking into account the deadlines stipulated in this law and the Civil and Commercial Procedures Law, except for the deadline stipulated in Article (7) of the latter law.

The procedural timeframes and deadlines stipulated in this section are calculated according to the Gregorian calendar.

Article (270)

In lawsuits concerning expenses, wages, and similar matters, the plaintiff must include in his statement of claim, or by way of an incidental request, all the claims that he has the right to at the time of filing the lawsuit or during its consideration. No subsequent lawsuit from him containing claims that he refrained from raising will be accepted before one year has passed from the date of filing the lawsuit.

Article (271)

Subject to the provisions of Article (50) of this Law, the wife shall reside in the marital home, provided that it is suitable for the financial and social circumstances of the spouses in accordance with the regulations stipulated in Article (129) of this Law, and that the husband shall be trustworthy with regard to her person and property, and obligated to provide for her. If she does not reside in the home for a reason attributable to her, the husband may request the court to suspend her maintenance from the date of her refusal to reside there. In all cases, the court must strive to reconcile them before deciding on the case.

Article (272)

During the consideration of a lawsuit to stop her maintenance, the wife may offer to the court her acceptance of residing in the marital home. If the court finds her seriousness, it shall rule to reject the lawsuit after considering, and based on the husband’s request, the extent of her entitlement to maintenance during the period she leaves the marital home.

Article (273)

The court, in preparing the case for judgment, shall advise the litigants in their presence of what is required for the proper conduct of the case, and grant them a period to present their defense.

The court is responsible for monitoring the progress of the work of the court clerks regarding the cases before it.

Article (274)

The court may decide to consider matters relating to personal status - taking into account considerations of public order or morals - in a consultation chamber, and pronounce judgments and decisions in a public session.

Article (275):

The Family Affairs Prosecution Office assumes the duties assigned to the Public Prosecution before the Family Courts and their appellate divisions, as stipulated in this law and Law No. 3 of 1996 concerning the regulation of procedures for initiating a Hisbah lawsuit.

In matters of personal status, she has the right to initiate legal proceedings in personal status matters if the matter relates to public order or morals.

The Family Affairs Prosecution is considered the representative in personal status cases for guardianship of the person at both levels, provided it submits a memorandum expressing its opinion thereon. Its absence or non-intervention does not result in any invalidity.

The court may request the prosecution to submit a memorandum of opinion in cases of divorce, annulment, invalidity, dissolution, physical separation, and lineage.

Article (276)

If the income of the person required to pay alimony or something similar is subject to serious dispute, and there is not enough information in the documents to determine it, the court may request the Family Affairs Prosecution to conduct an investigation that enables it to reach a determination.

The Family Affairs Prosecution Office itself is conducting the investigation into this matter.

Without prejudice to the provisions of Law No. 194 of 2020 issuing the Central Bank and Banking System Law regarding the confidentiality of accounts, any governmental or non-governmental entity is obligated to provide the court or the Family Affairs Prosecution with any information in its possession that is productive in determining the income of the person claiming alimony.

The information obtained from investigations may not be used for anything other than the subject matter for which the investigation was conducted, except in cases pending between the same parties.

The Family Affairs Prosecution Office must conclude the investigation and send it, accompanied by a brief memorandum of the results it reached, within a period not exceeding thirty days from the date of receipt of the court's request.

Article (277)

The Family Affairs Prosecution, whenever a dispute is brought before it regarding the custody of a child of custody age or a request for temporary custody of the child, shall issue, after conducting the appropriate investigation, a reasoned decision to hand over the child to the person with whom his interest is best served. The decision shall be issued by the head of the prosecution at least, and shall be immediately enforceable until a ruling is issued by the competent court on the subject of the child’s custody. Appeals against the decision shall be made before the superior authority of its source.

Article (278)

The Family Affairs Prosecution, whenever a dispute over possession of the marital residence or the custody residence is presented to it, must issue a reasoned decision that is immediately enforceable after hearing the statements of the parties to the dispute and conducting the necessary investigation. The decision is issued by a member of the prosecution with the rank of Chief Prosecutor at least, and the prosecution must take the necessary steps to announce this decision and implement it through the competent enforcement department. In all cases, any interested party may appeal this decision before the superior authority of its source.

Article (279)

A divorce case between non-Muslim spouses of the same sect and religion is not accepted unless their respective religious laws permit it.

Article (280):

In personal status cases concerning guardianship over oneself in which reconciliation is permissible, the Family Court must offer reconciliation to the plaintiff at the first session. If he refuses, this is considered an inability to reconcile. If he accepts, the court gives him time to offer reconciliation to the defendant, and considers the case in light of what results from this. It is not necessary to repeat the offer of reconciliation before the Court of Appeal.

Article (281)

The applicant for a death certificate, inheritance certificate, or mandatory bequest must submit a request to the head of the competent family court, accompanied by an official document proving the death; otherwise, the request will not be accepted.

The application must include a statement of the deceased’s last known address and the names of the heirs and beneficiaries of the obligatory bequest, if any.

The student must notify them of the need to appear before the court on the date specified for considering the request. The judge investigates the request and issues a decision based on the official documents submitted by the student or the established documents in the Civil Status Department after linking them or based on the testimony of someone who is trusted. He may add administrative investigations as he sees fit. If one of the heirs or the one entitled to the obligatory bequest disputes, and the judge sees that the dispute is serious and actual, he shall refer the request to the competent Family Court to decide on it.

The certificate of inheritance stipulated in the first paragraph of this article may also be requested, verified, or issued by any means of remote information technology, in accordance with the procedures regulated by a decision issued by the Minister of Justice.

Article (282)

The attestation issued in accordance with the provisions of Article (281) of this Law shall be conclusive proof with regard to death, inheritance, and mandatory bequests, unless a judgment is issued to the contrary.

Article (283)

The lawsuit filed before the Family Court shall not be accepted with respect to any of the consequences of marriage or divorce stated in Article (32) of this Law, if either of the parties resorts to the competent enforcement department of the Family Court regarding it after attaching the marriage document or divorce certificate to the executive formula in accordance with the provisions of the Civil and Commercial Procedures Law and taking enforcement procedures, unless the circumstances in which the agreement was made have changed.

Chapter Two:

Jurisdiction of courts in matters of personal status

Chapter One:

Specialized specialization

Article (284):

Family courts within the jurisdiction of each district court shall exercise their powers as specified in this law, and their locations shall be determined by a decision of the Minister of Justice.

Appeals against judgments and decisions issued by it shall be made - in cases where the law permits this - before one or more circuits of the appellate courts designated for this purpose.

The appellate circuits shall be held within the jurisdiction of each primary court. Family courts or their appellate circuits may be held, when necessary, in any other place within or outside their jurisdiction, by a decision issued by the Minister of Justice upon the request of the head of the primary court or the head of the appeals court, as the case may be.

Article (285):

The Family Court consists of three judges, at least one of whom must be a president of the Court of First Instance. The court is assisted by two experts, one of whom must be a social worker and the other a psychologist, at least one of whom must be a woman.

The appellate circuit consists of three judges from the Court of Appeal, at least one of whom must be a president of the Courts of Appeal, and the circuit may seek assistance from specialists as it sees fit.

The two experts referred to are appointed from among those listed in the schedules issued by a decision of the Minister of Justice in coordination with the Minister of Social Solidarity or the Minister of Health and Population, as the case may be.

Article (286):

Family court and appeals court sessions are held in separate locations from other court sessions, and are provided with the necessary means that are appropriate to the nature of the disputes and their parties and what may require the presence of minors at those sessions to hear their statements.

The court, in its rulings and decisions, is guided by what is in the best interests of the child.

Article (287)

The presence of the two experts stipulated in Article (285) of this Law at Family Court sessions is mandatory in cases of divorce, annulment, legal separation, dissolution of marriage, child custody, the child's residence, guardianship, visitation, custody, and relocation, as well as in cases of lineage and disputes concerning the wife's decision regarding the marital home. The court may also seek their assistance in other personal status matters if it deems it necessary. Each expert must submit a report to the court in their area of ​​specialization. If the case pertains to establishing lineage, the social worker must include in their report whether the child is subject to the alternative family care system of the Ministry of Social Solidarity or not, based on an official document.

Article (288)

An administration for the implementation of judgments and decisions issued by the Family Courts and their appellate circuits and the Family Affairs Prosecution shall be established at the headquarters of each primary court, and branches may be established for it in the circuit of the subordinate courts to which it belongs.

The execution department is headed by a judge of the Court of Appeal, appointed by the Minister of Justice after the approval of the Supreme Judicial Council. He is assisted by judges from the family courts, at least at the level of head of court, in the district of each sub-court affiliated with the Court of First Instance, chosen by the court's general assembly.

The administration is supported by a sufficient number of enforcement assistants and qualified and trained staff, who are appointed by a decision of the head of the primary court.

The Director of the Enforcement Department and the judges of the department are authorized to issue decisions and orders related to enforcement. Appeals against these decisions and orders are submitted by petition to the Director of the Enforcement Department, whose decision on the appeal is final. The organization of the Enforcement Department is governed by a decision issued by the Minister of Justice and the Prime Minister's Office.

Article (289)

Specialized field.

The Family Court has jurisdiction over all personal status matters, including the following:

First: Issues related to guardianship over oneself:

1- Lawsuits related to the custody, care, visitation, and transfer of the minor, and the residence of his custody.

2 - Claims related to expenses and the like of wages and expenses of all kinds, and the recovery of what was paid of them unjustly.

3 - Lawsuits related to considering the missing person dead, and cases of his return alive.

4 - Claims for dowry, trousseau, bridal gifts, engagement gifts, and similar matters, and for pleasure, and its ruling shall be final if the claim does not exceed the final jurisdiction of the primary court.

5 - Correcting restrictions related to personal status in marriage and divorce documents if a dispute arises concerning them.

6 - Documenting what the concerned parties agree upon before the court, in accordance with what is permissible under Sharia law.

7 - Disputes over lineage.

8 - Investigating death, inheritance, and obligatory bequests, if a dispute arises concerning them.

9 - Lawsuits for divorce, annulment, dissolution, or physical separation.

10 - Imprisonment claims in accordance with the text of Article (350) of this law, and the ruling in this matter shall be final.

11 - Substantive and temporary disputes relating to the implementation of judgments, decisions and agreements issued in accordance with this law, in which the application of a provision of this law is required.

12. Lawsuits for the enforcement of judgments issued by foreign courts in matters of personal status.

13 - Requests for the appointment, discipline, dismissal, establishment, division, and merging of marriage officiants and appointed notaries.

14 - Claims for compensation filed by one of the fiancés or spouses against the other within the scope of liability arising from the breach by either of them of their duties as set forth in this law.

15 - Claims concerning matters related to voluntary wills.

16 - Disputes arising from the application of the provisions of Article (33) of this Law.

17. Lawsuits challenging the validity or nullity of judgments issued by it, or by its appellate divisions, without prejudice to what is stipulated in Article (83) of this Law.

Second: Issues related to guardianship over money:

1- Appointing the chosen guardian, appointing the guardian, supervisor, and manager, monitoring their work, settling their accounts, dismissing them, replacing them, and terminating their mission.

2 - Signing and lifting the guardianship, appointing a guardian for the person under guardianship, holding him accountable, dismissing him, and authorizing the person under guardianship to receive his funds to manage them in accordance with the law.

3 - Proving the absence, ending it, appointing an agent for the absent person, monitoring his actions, dismissing him, and replacing him.

4 - Reporting on legal aid, its filing, the appointment of the legal assistant, and his replacement.

5 - Continuation of guardianship or trusteeship beyond the age of twenty-one, and permission for the minor to receive his money to manage it in accordance with the provisions of the law, and permission for him to engage in trade and conduct transactions and dealings in securities listed on the Egyptian Stock Exchange, and with financial institutions that require permission to do  so, and depriving, suspending or limiting any of these rights.

6 - Appointing an authorized representative to litigate on behalf of a minor or absent person, even if he has no money.

7 - Estimating the expenses of the minor and the person under guardianship in his money and settling any dispute that arises between him and the guardian of the person himself or the guardian of upbringing and between the guardian or the trustee regarding spending on the minor or the person under guardianship or his good management of the money.

8 - Exempting the guardian in cases where he may be exempted according to the provisions of guardianship over money stipulated in this law.

9 - Requesting the removal of the guardian from his guardianship and its restoration.

10 - Permission to spend the money on the marriage of a minor, for which the law requires permission from the court.

11 - All other matters related to the management of funds in accordance with the provisions of the law and the taking of precautionary and temporary measures thereof. Presidency of the Council of Ministers

12 - Appointing, dismissing, and replacing the estate liquidator, and settling disputes related to the liquidation if one of the heirs is incapacitated, partially incapacitated, or absent.

13 - Obliging a third party to hand over the money of the person under protection to his representative.

Article (290)

The Family Court in whose jurisdiction the marriage contract of foreigners is being documented is competent to rule on objections to this marriage or requests to place one of the parties to the contract under guardianship if the applicable law makes guardianship a reason for the loss of his eligibility to marry. Filing the lawsuit results in the suspension of the completion of the marriage until a final decision is made on it.

Article (291)

The Family Court is responsible for issuing decisions appointing marriage registrars and assigned notaries in accordance with the rules stipulated in the regulations for marriage registrars and assigned notaries issued by the Minister of Justice in 1955, after enabling each candidate to present his qualifications, display his skills and discuss them.

It is also responsible for issuing decisions to discipline and dismiss them after enabling them to present their defense, in accordance with the rules stipulated in the two regulations referred to in the previous paragraph.

Its deliberations in all of this shall be confidential and its decisions shall be reasoned, and appeals against those decisions shall be before the Family Court of Appeal circuits.

It is also responsible for transferring authorized marriage officiants and appointed notaries, accepting their resignations, dividing marriage officiant assignments, and combining the work of one marriage officiant assignment with another.

Article (292)

If the court decides to remove or suspend guardianship, it shall entrust it to the person next in line to whomever has been removed or suspended guardianship in accordance with the applicable law, and then to the person next in line. If the person to whom it is entrusted refuses after being notified in the manner stipulated in Article (317) of this law, or if the reasons for eligibility are not met in him, then the court shall entrust guardianship to a trustworthy person or one of the social institutions.

In this case, the funds shall be handed over to the appointed deputy in his capacity as temporary manager, after they have been inventoried as stated in Article (318) of this Law.

The Family Affairs Prosecution Office takes the necessary measures to appoint a guardian for the person under guardianship, as quickly as possible.

Article (293)

The court that considers the original matter, and no other, has the exclusive right to approve the account submitted by the representative of the incapacitated, partially incapacitated, or absent person, or submitted by the temporary manager, and to decide on disputes related to this account.

Article (294):

The court that ruled to terminate the guardianship over the money has jurisdiction to consider the matters of accounting and handing over the funds, until they are fully resolved.

It also has jurisdiction over enforcement disputes related to the judgments and decisions issued by it in this regard.

Article (295):

The head of the family court, in his capacity as a judge of urgent matters, is authorized to issue an order upon petition in the following personal status matters:

1- Complaining about the notary’s refusal to authenticate the marriage contract or his failure to provide a certificate proving the refusal, whether for Egyptians or foreigners.

2- Extend the deadline for inventorying the estate to the extent necessary to complete the inventory if the applicable law has set a deadline for it.

3 - Taking whatever precautionary or temporary measures he deems necessary regarding estates in which there is no incapacitated, partially incapacitated, or absent person.

4 - Disputes concerning travel abroad after hearing the statements of the concerned parties.

5 - Imposing a temporary maintenance payment for the wife, divorcee, custodian, and children of both types on the person obligated to provide maintenance, in the event that maintenance is due and its conditions are met. The order shall be enforceable immediately until the maintenance is ruled for the person entitled to it by the competent family court.

There is no right to appeal this decision.

The order is dropped if the lawsuit for maintenance is not filed within three months of the date of its issuance, or if the lawsuit is dismissed, or if the dispute is terminated for any reason.

6 - Replacing the means of visitation stipulated in the ruling, whether it is direct or electronic, as well as modifying the place and time of visitation if both parties agree.

7 - Permission for the guardian to marry off a person with a mental disability, whether male or female, if it is proven by an official medical report that he is fit for marriage, and that this disability is not passed on from him to his offspring, and the other party or his guardian is satisfied with his condition, as the case may be.

8 - Permission for the guardian to issue a divorce to the wife of a person with a mental disability if it becomes clear that the continuation of the marriage constitutes harm to him or his wife, or if something is found that necessitates issuing a divorce according to Sharia.

If the judge is unable to assess this, he may refer the matter to the competent family court.

Jurisdiction in paragraphs (7) and (8) of this article is vested in the court to which the applicant or person with a disability is subordinate.

9 - Correcting material errors contained in marriage and divorce documents after notifying the concerned parties, unless a dispute arises regarding them, and the judge deems the dispute to be serious, then he must refer the request to the competent family court to decide on it.

10 - Other powers stipulated in this law.

Chapter Two:

Local jurisdiction

Article (296)

Domicile is defined in the concept of this law as set out in Articles 40, 42, and 43 of the Civil Code.

Jurisdiction lies with the court in whose district the defendant resides. If the defendant has no domicile in Egypt, jurisdiction lies with the court in whose district the plaintiff resides. If there are multiple defendants, jurisdiction lies with the court in whose district the domicile of one of them is located. 

However, local jurisdiction over certain personal status matters is determined as follows:

1- The court in whose jurisdiction the plaintiff or defendant resides shall have jurisdiction to hear the case filed by the wife, children, parents, or guardian, as the case may be, in the following articles:

A- Expenses, wages, and the like.

B. Custody, visitation, and related matters.

C - The dowry, the bridal gifts, the wedding gifts, the engagement ring, and anything similar.

D - Divorce, khula, annulment, dissolution, physical separation, dissolution, release, and separation between spouses for all their legitimate reasons.

2- The court in whose jurisdiction the last residence of the deceased in Egypt is located shall have jurisdiction to investigate the proof of inheritance, wills and liquidation of estates. If the deceased has no residence in Egypt, jurisdiction shall be for the court in whose jurisdiction one of the estate’s assets is located.

3 - Local jurisdiction in the following matters of guardianship over property is determined as follows:

A - In matters of guardianship, the guardianship is based on the domicile of the guardian or the minor, and in matters of trusteeship, it is based on the last domicile of the deceased or the minor.

B - In matters of guardianship and judicial assistance in the domicile of the person required to be placed under guardianship or judicial assistance.

C - In the case of absence, the last place of the absent person.

If none of these persons has a residence in Egypt, jurisdiction is vested in the court in whose district the applicant’s residence is located, or in whose district the property of the person whose protection is sought is located.

D - If the residence of the minor, the incapacitated person, or the judicial assistant changes, the court may, at the request of the concerned parties or the Family Affairs Prosecution, refer the case to the court in whose jurisdiction the new residence is located.

E - The court that ordered the removal or suspension of guardianship shall have jurisdiction to appoint a successor to the guardian - whether a guardian or a trustee - unless it deems it in the interest of the minor to refer the matter to the court in whose jurisdiction the minor’s residence is located.

Article (297)

The family court that has local jurisdiction to hear the first personal status case brought before it by one of the spouses, children, or relatives shall have local jurisdiction, to the exclusion of others, to hear all subsequent cases brought by any of them and cases of imprisonment for the convicted person’s refusal to implement final judgments issued in cases of alimony, wages, expenses, and the like.

The court before which a lawsuit is filed or is filed regarding any of these requests is obligated to refer it to that court, until a single, final judgment is issued.

During the course of the proceedings, the court may issue decisions within a maximum of seven working days from the date of hearing regarding temporary maintenance for the wife and her minor children and visitation rights. It may amend or cancel these decisions according to the requirements of the case.

These decisions issued during the proceedings may not be appealed except after a judgment has been issued in the case.

The decisions referred to herein shall have the same legal effect as enforceable instruments in accordance with the Civil and Commercial Procedure Law.

Article (298)

An electronic file shall be created by the court clerk referred to in the previous article when the first lawsuit is filed, numbered for the family, in which the papers of this lawsuit and the papers of all other lawsuits filed thereafter, related to the same family, shall be deposited.

The file may be electronic, in accordance with the regulations set forth in the decision of the Minister of Justice in coordination with the Minister of Communications and Information Technology.

In the event of filing claims for alimony, wages, expenses and the like by the wife, divorcee, custodian or children, the Family Affairs Prosecution shall, as soon as the claim is filed, take the necessary measures to determine the income of the defendant and his fixed and movable assets with the same powers and controls contained in paragraphs three and four of Article (276) of this Law, and the Prosecution shall present the results of these measures to the competent court as soon as they are completed.

Article (299)

Except for personal status cases in which reconciliation is not permissible, urgent cases, enforcement disputes, and temporary orders, anyone wishing to file a lawsuit regarding a personal status matter within the jurisdiction of family courts must submit a request to settle the dispute to the competent family dispute settlement office.

The Bureau shall meet with the parties to the dispute, and after hearing their statements, it shall enlighten them about its various aspects, its effects, and the consequences of continuing it, and it shall offer them advice and guidance in an attempt to settle it amicably in order to preserve the family unit. They may seek the assistance of a religious figure from one of the official religious authorities in accordance with the procedures issued by a decision of the Minister of Justice to attempt reconciliation.

Article (300)

The Family Dispute Settlement Offices shall exercise their powers as specified in this Law. Their formation and the designation of their workplaces shall be by decision of the Minister of Justice, as well as determining the procedures for submitting settlement requests to them, registering them, notifying them of them, and determining the sessions they set, and the procedures for organizing work in these offices, and the rules and procedures taken for the sake of reconciliation, and other matters required to carry out the tasks of settlement, and he may add other tasks that help in this.

Settlement offices may be electronically linked to any entity to ensure that they perform their duties and that the competent courts are informed of the procedures that have taken place before them, in accordance with a decision issued by the Minister of Justice in coordination with the Minister of Communications or any relevant entity.

Access to these offices is free of charge.

Article (301):

The reconciliation offices established within each family court district are under the jurisdiction of the Ministry of Justice and include a sufficient number of legal, social, and psychological specialists, as well as religious figures from official religious authorities. The criteria for their selection are determined by a decision issued by the Minister of Justice after consultation with the relevant parties.

Each office is headed by an experienced lawyer, and a register is allocated for the registration of office members appointed by a decision of the Minister of Justice.

Article (302)

The settlement must be completed within fifteen days from the date of submitting the application. This period may not be exceeded except by agreement of the disputing parties. If a settlement is reached, the head of the Family Dispute Settlement Office shall record it in a report signed by the disputing parties, and it shall be attached to the minutes of the session in which it was made. It shall have the force of enforceable documents and the dispute shall end with it, within the limits of what was settled.

If the efforts do not result in an amicable settlement of the dispute in all or some of its elements, and the student insists on continuing to pursue it, a record shall be drawn up of what has been done, and it shall be signed by the parties to the dispute, or those present on their behalf, and it shall be attached to it with the reports of the specialists and a report from the head of the office, and all of it shall be sent to the clerk of the competent family court to which the case is referred, within a maximum of seven days from the date of the request of any of the parties to the dispute, in order to proceed with the judicial procedures, in what the parties to the dispute have not agreed upon.

Article (303)

If the applicant fails to appear before the Family Dispute Resolution Office, the application will be shelved, and it will not proceed unless he appears and requests that it proceed.

Article (304):

A lawsuit filed initially with the Family Courts regarding disputes within their jurisdiction, in matters where reconciliation is permissible according to the provisions of this law, shall not be accepted without first submitting a settlement request to the competent Family Dispute Settlement Office to undertake settlement efforts between the parties. However, the court may, instead of ruling the lawsuit inadmissible, refer it to the competent Settlement Office to conduct the settlement in accordance with the provisions of this law and resubmit it to the court.

If an incidental request is submitted to the court during the proceedings, it may proceed without being obligated to refer it to the Family Disputes Settlement Office of the Presidency of the Council.

Chapter Three:

Procedural issues of guardianship over money

Article (305):

Without prejudice to the powers of the Public Prosecution and the Family Affairs Prosecution set forth in this law, or in any other law, the Family Affairs Prosecution shall take care of the interests of the incapacitated, the partially incapacitated, and the absent, and shall safeguard their funds and supervise their management in accordance with the provisions of this law.

It may appoint – in what it deems necessary to take – one of the judicial officers.

It may also employ assistants who are attached to it by a decision issued by the Minister of Justice. These assistants are considered judicial officers with regard to the tasks assigned to them during the performance of their duties.

The Family Affairs Prosecution shall give its opinion on all personal status matters related to guardianship of money before the Family Courts and their appellate circuits. The absence of a member of the prosecution from the sessions of the Family Courts and their appellate circuits shall not result in any invalidity.

The Family Affairs Prosecution Office may estimate a temporary maintenance payment from the funds of the person entitled to maintenance until a ruling is issued regarding its assessment.

Article (306):

Relatives who lived with the deceased in one household or the eldest adult heir must inform the Family Affairs Prosecution of the death of an absent, incapacitated, or partially incapacitated person, or a latent pregnancy, or the death of the guardian, trustee, custodian, or agent of the absent person within three days of the date of death.

Relatives must inform the Family Affairs Prosecution Office within the same period of the loss of legal capacity or absence of a family member if he or she resides with them in the same household.

Article (307)

The treating physicians and directors of hospitals and clinics, as the case may be, must report to the Family Affairs Prosecution Office any cases of loss of capacity arising from a mental disability as soon as it is proven to them.

The competent administrative authorities must inform the Family Affairs Prosecution Office whenever they discover, during the performance of their work, a case of loss of legal capacity as referred to in the previous paragraph.

Article (308)

The guardian of the unborn child must inform the Family Affairs Prosecution Office of the expiration of the pregnancy period and the child's separation, whether alive or dead.

Article (309)

The Family Affairs Prosecution Office shall record in a special register requests for guardianship, judicial assistance, continuation of guardianship or custody, removal, limitation or suspension of guardianship, removal or limitation of permission for a minor or person under guardianship, proof of absence, limitation of the authority of the agent for the absent person, and preventing the person whose guardianship is to be removed from disposing of or restricting his freedom in it, on the day and hour of the submission of the request.

The entry in the register takes the place of registration, and its effect is produced from the date of its execution when the request is granted.

The Family Affairs Prosecution Office shall cancel the registration if the application is definitively rejected.

Application, registration, or deregistration procedures may be carried out remotely using any means of information technology.

All of this is in accordance with the procedures that are regulated by a decision issued by the Minister of Justice.

Article (310):

The Family Affairs Prosecution, upon receiving notification in accordance with the provisions of this law, shall take the necessary measures to preserve the rights of the unborn child, the incapacitated, the partially incapacitated, or the absent, and shall temporarily inventory their fixed or movable assets, rights, and obligations in a report signed by the concerned parties.

The Family Affairs Prosecution shall take the necessary temporary or precautionary measures to preserve these funds, and shall order that they be sealed. Based on an order issued by the head of the Family Court in his capacity as a judge of temporary matters, or by the court, it may transfer money, securities, documents, jewelry, and other items that are at risk to a bank vault or to a safe place. It may carry out this procedure whenever the matter is presented to it in the absence of the court and the judge, provided that the decision is issued by a member of the rank of head of prosecution at least, and the decision issued in this regard shall be presented to the court to take whatever action it deems appropriate.

The Family Affairs Office, when necessary, may authorize the guardian of the estate, the executor of the will, its manager if any, or any other trustworthy person to spend on the funeral of the deceased, to provide for those whose expenses he is obligated to cover, and to manage the affairs that are feared to be lost due to time constraints.

The Family Affairs Prosecution Office may retract any decision it has taken in application of the provisions of this article unless it is approved by the court.

Article (311):

The Public Prosecution for Family Affairs, based on a reasoned permission from the head of the Family Court, may enter the residences and places that need to be entered in order to take the precautionary measures stipulated in this law, and it may delegate for this purpose - by a reasoned order that specifies the residence or place - one of the judicial officers.

Article (312)

The procedures stipulated in Articles (310) and (311) are not required if the funds of the person requiring protection do not exceed three thousand pounds, which is multiplied according to the number of individuals. In this case, the Family Affairs Prosecution Office shall hand over the funds to the person in charge of their affairs, unless the Family Affairs Prosecution Office deems it necessary to follow the procedures referred to in the regulations and conditions stipulated in these two articles.

Article (313):

The application is submitted to the competent court by the Family Affairs Prosecution or the concerned parties. In the latter case, the submitted application must include the data required by the Code of Civil Procedure in the statement of claim and must be accompanied by supporting documents. The court must refer it to the Family Affairs Prosecution to give its comments on it in writing within a period that it specifies for that purpose.

Applications may be submitted remotely using any means of information technology, in accordance with the procedures regulated by a decision issued by the Minister of Justice.

The Family Affairs Prosecution Office, in matters not within its jurisdiction to issue an order, sets a court session to consider the request, accompanied by the investigations it has conducted and the opinion it has reached, and notifies those concerned who have not been notified before it of the session.

The court may assign the Family Affairs Prosecution to carry out any of the investigation procedures it orders.

Article (314)

The court and the Family Affairs Prosecution may summon anyone whose testimony they deem beneficial in any investigation they conduct. If he fails to attend the scheduled session, or refuses to give his testimony without legal justification, he may be sentenced to a fine of no less than one thousand pounds and no more than five thousand pounds. If he does not attend, the court and the Family Affairs Prosecution may order his appearance, provided that he is brought in during official working hours, taking into account the times of court sessions. Otherwise, he shall be dismissed from the Public Prosecution or the Family Affairs Prosecution with a written warning to appear at a later date.

The court may exempt the convicted person from all or part of the fine if he presents an acceptable excuse.

Article (315):

If the Family Affairs Prosecution Office sees that the request to impose guardianship, remove or limit or suspend guardianship, or prove absence requires taking investigative measures that take a period of time during which there is a fear of the loss of a right or money, it shall refer the matter to the court to authorize taking whatever precautionary measures it deems appropriate, or to order preventing the person against whom the request is submitted from disposing of all or some of the money, or restricting his authority in managing it, or appointing a temporary manager to take over the management of those money.

Article (316):

The Family Affairs Prosecution Office must submit to the court a reasoned memorandum regarding the person it nominates to represent the incapacitated, partially incapacitated, or absent person, or the person it nominates as a judicial assistant, within a maximum of eight days from the date it is notified of the reason for his appointment.

The court appoints the deputy or judicial assistant after taking into account the opinion of the concerned parties.

Article (317):

The Family Affairs Prosecution shall notify the guardian, custodian, agent of the absent person, judicial assistant, or temporary manager of the decision issued to appoint him if it was issued in his absence. Whoever refuses the appointment must inform the Family Affairs Prosecution in writing of his refusal within eight days from the date he becomes aware of the decision, otherwise he shall be responsible for the tasks assigned to him from the date of becoming aware.

In case of refusal, the court shall appoint a replacement as quickly as possible.

Article (318)

After the court issues a decision appointing a guardian, the Family Affairs Prosecution Office inventories the assets of the incapacitated, partially incapacitated, or absent person in a report prepared in duplicate.

The inventory shall be conducted in accordance with the provisions and procedures issued by a decision of the Minister of Justice. All concerned parties and the minor who has completed fifteen calendar years shall be invited to attend the inventory if the Family Affairs Prosecution deems it necessary for him to attend.

The Family Affairs Prosecution Office may directly seek the assistance of experts in inventorying and evaluating funds, assessing debts, and handing over the funds after the inventory is completed to the representative appointed by the court.

Article (319)

The Family Affairs Prosecution Office submits the inventory report to the court for ratification after verifying the accuracy of the data contained therein.

Article (320)

When presenting the inventory report to the court for ratification, the Family Affairs Prosecution Office must attach a memorandum stating its opinion on the following matters, as applicable.

1- Continuing or exiting joint ownership, and operating or liquidating commercial and industrial premises or professional offices, and the means of settling debts and the decisions implementing this.

2 - Estimating the permanent expenses necessary for the minor or the person under guardianship.

3 - Adopting methods that lead to the proper management and maintenance of funds.

The court is obligated to approve the inventory report and to decide on the aforementioned matters as quickly as possible.

Article (321)

The court may, on its own initiative, reverse any decision it has issued in the matters described in the preceding article or any precautionary measures if it finds grounds to do so. The court’s reversal of a previous decision shall not affect the rights of bona fide third parties arising from any agreement.

Article (322)

If the court appoints an estate liquidator before the inventory report is certified, the liquidator shall inventory the entire estate and prepare a detailed report of its assets and liabilities, which shall be signed by him, the member of the Family Affairs Prosecution, the appointed representative, and any adult heirs present.

If the liquidator is appointed after the inventory report is approved, the representative of the incapacitated, partially incapacitated, or absent heir shall deliver the latter's share of the estate to the liquidator in a record signed by the representative, the liquidator, a member of the Family Affairs Prosecution, and any adult heirs present. This is unless the liquidator deems it necessary to keep all or part of the money in the representative's possession for safekeeping and management until the liquidation is completed. This shall be recorded on two copies of the inventory report and signed by the aforementioned persons.

After the liquidation is completed, what is due from the estate shall be handed over to the representative of the incapacitated or partially incapacitated person or the absent person, in accordance with the procedures stipulated in this law.

Article (323)

The representative of a person lacking legal capacity, or of an absentee, or the temporary manager, must submit to the court clerk an account of their management, accompanied by supporting documents, within the legally prescribed time limit, and whenever the court requests it within the time limit it specifies.

If the deadline expires and the account is not submitted, the court may impose a fine of no more than one thousand pounds. If this is repeated, the court may impose a fine of no more than two thousand pounds, without prejudice to the other penalties stipulated by law.

If the deputy submits the account and offers an excuse for the delay that is accepted by the court, it may exempt him from all or part of the fine. The court must temporarily order the deposit of the amounts that the account submitter does not dispute as being owed by him, without this being considered an approval of the account.

The court decides on the validity of the account submitted to it, and the final decision issued by the court regarding the account must include an order obligating the submitter to pay the remaining amount owed and deposit it in the court treasury within a specified period. 

Article (324):

In all cases, the Family Affairs Prosecution may request the court to exempt the representative of a person lacking legal capacity or with diminished capacity from submitting the statement of account if it finds a reason for this, provided that the exemption is not for a future period, and the exemption may not include the agent for the absent person.

Article (325)

If the Family Court, while considering a matter of guardianship over money, finds that there is money with proven ownership due to the person concerned for protection in the possession of others, it must order that the person in possession of the money be obligated to hand it over to the representative of the person concerned for protection, and it has in this regard the same powers as the Civil Court.

Article (326):

The Family Affairs Prosecution Office may authorize the guardian of a person lacking legal capacity, or of someone with diminished capacity, or of an absentee, to withdraw funds from their liquid assets without court approval, up to a maximum of twenty thousand Egyptian pounds. This amount may be increased to forty thousand Egyptian pounds by a decision of the competent Attorney General, once every three months. In cases of extreme necessity, such as accidents or medical conditions requiring urgent intervention, the Attorney General may, by reasoned decision, increase the amount mentioned in the first paragraph of this article to the extent of the necessity and its associated expenses. The authorized guardian is obligated to submit supporting documentation for the expenditure in cases of necessity before submitting the next withdrawal request.

Article (327)

Without prejudice to the jurisdiction of the Family Affairs Prosecution Office as stated in Article (326) of this Law, it may authorize the guardian of the minor, in the case of urgency, to disburse liquid funds without referring to the court, to the extent required for the education of the minor, after submitting the necessary documents, taking into account the proportionality between the amount of disbursement and the minor’s funds, age, and social level, provided that such authorization is issued by a member with the rank of Chief Prosecutor at least.

If the request is not granted, the prosecution must present the matter to the competent court, accompanied by a memorandum  of its opinion.

Article (328)

The Public Prosecution Office for Family Affairs may authorize the representative of a person lacking legal capacity, or of a person with limited legal capacity, or of an absent person - without referring to the court - to purchase investment certificates from the liquid funds of the person concerned with protection, from one of the banks licensed to conduct banking business or some of them, in accordance with the provisions of the Central Bank and Banking System Law issued by Law No. (194) of 2020, in accordance with the interest of the person concerned with protection.

The statement must be issued by at least the head of the prosecution. If the statement is refused, the prosecution must present the request to the competent court at the first possible session, accompanied by a memorandum of its opinion and the investigations it has conducted, and notify those concerned who were not notified before it of the specified session.

Article (329)

A request to restore guardianship, lift sequestration, provide judicial assistance, lift guardianship or custody, or reinstate permission for a minor or a person under guardianship shall not be accepted until one year has passed from the date of the final decision issued rejecting a previous request, unless new emergency circumstances arise that are deemed appropriate by the court.

Article (320):

Those concerned may review the files, books, records, and documents stipulated in the articles of this chapter, and any person may also review the records. In both cases, copies or certificates of the contents thereof shall be provided to any of them with the permission of the court or the Family Affairs Prosecution.

Article (331)

The expenses of inventorying funds, placing seals, taking stock, and administration shall have a privileged status in the rank of judicial expenses.

Article (332)

The court may order that all or part of the fees and expenses be borne by the public treasury. Payment of these fees and expenses is temporarily postponed until the court issues its ruling.

Chapter Four:

Decisions, rulings, and appeals

Article (333)

Chapter One: Issuing Decisions and Rulings

Decisions made in matters of guardianship over money are governed by the rules of judgment.

Article (334):

The court must deposit with the clerk the reasons for the final decisions issued in matters of guardianship, judicial assistance, custody, absence, accounting, permission to dispose of property, dismissal of the guardian, obligating a third party to hand over the property of the person under protection to his deputy, and decisions issued in accordance with the provisions of Articles (4/228, 315) of this law, within fifteen days from the date of pronouncement.

Apart from decisions issued in matters of guardianship over money, the court may provide reasons for these decisions or simply sign the minutes of the session containing the operative part.

Article (335):

Decisions issued by the Court of First Instance in an initial capacity in matters of guardianship over property shall be enforceable, even if appealed, except for those issued in the following matters:

1 - The account.

2- Lifting the guardianship and terminating legal aid.

3 - Returning the guardianship.

4 - Re-authorizing the minor or the person under guardianship to act or manage.

5 - Proof of maturity after the decision to continue guardianship or trusteeship.

6 - Permission to act on behalf of a person lacking legal capacity, or having limited legal capacity, or on behalf of an absent person.

7 - Obliging a third party to hand over the money of the person under protection to his representative.

The court before which the appeal is being considered may order a temporary stay of execution until the matter is resolved.

Chapter Two: Professions and Rulings

Article (336)

The methods of challenging the judgments and decisions outlined in this law are appeal and petition for reconsideration.

In matters not specifically addressed in the following articles, the rules and procedures stipulated in the Civil and Commercial Procedure Law shall be followed.

Article (337)

Without prejudice to the provisions of Article (250) of the Civil and Commercial Procedure Law, the judgments and decisions issued by the appellate circuits shall not be subject to appeal by way of cassation.

Article (338)

The Family Affairs Prosecution Office shall in all cases have the right to appeal the judgments and decisions issued in all cases.

The appeal shall be subject to the provisions stipulated in the Civil and Commercial Procedure Law.

Article (339)

The Court of Appeal considers the case in the state it was in before the issuance of the appealed judgment, only with respect to what was raised in the appeal.

However, while the original requests remain as they are, their reasons may be changed or added to, and new requests may be made, provided that they are complementary to the original requests, or consequential to them, or inextricably linked to them.

In both cases, the Court of Appeal is obligated to grant the opposing party an appropriate period to respond to the new reasons or requests.

Article (340):

An appeal against a final judgment issued in accordance with the provisions of this law entails referring the matter decided in that judgment to the Court of Appeal, and until that court issues its final judgment, it may

 Issuing enforceable provisional rulings regarding visitation rights, or determining alimony, or modifying the alimony ordered by the contested ruling by increasing or decreasing it.

Article (341):

Without prejudice to the rights of third parties in good faith, an appeal against a judgment or decision issued in a matter of guardianship over property is considered an appeal against other matters that have not been previously appealed and are related to the judgment or decision being appealed in such a way that it is impossible to decide on the appeal without re-deciding on them.

Article (342):

The appeal period is sixty days for those who do not have a residence in Egypt, without adding a distance period.

Article (343):

A request for reconsideration of guardianship over property matters may only be made in final decisions issued in

The following materials:

1- Signing the guardianship, or the judicial assistance report, or proving absence.

2- Appointing the chosen guardian or agent for the absent person.

3 - Removing the guardian, trustee, and agent, or limiting their authority.

4 - Depriving, suspending, or limiting authority.

5 - Continuation of guardianship or custody of the minor.

6 - Separation in the account.

7 - Obliging a third party to hand over the money of the person under protection to his representative.

Chapter Five

Implementation of judgments and decisions

Article (344):

Judgments and decisions issued regarding the handover of the minor, his visitation, or his custody, or regarding expenses, wages, or costs and the like, are enforceable by force of law and without guarantee.

Article (345):

Judgments and decisions issued regarding the custody, protection, and delivery of a minor may be enforced by force without notification.

The procedures stipulated by law shall be followed in implementing the judgments issued in this regard.

In all cases, enforcement procedures and entry into homes must be carried out in accordance with the orders of the enforcement judge.

It is permissible to repeat the execution with the same writ of execution whenever the case requires.

Article (346):

The ruling regarding visitation of the child shall be implemented in one of the places designated by a decision of the Minister of Justice, unless the custodian and the party in whose favor the ruling was issued agree on another place.

In all cases, it is required that the place provides something that instills a sense of security in the child.

Article (347)

The clerk of the court that issued the judgment or decision must place the executive formula on it if it is enforceable.

Article (348):

The implementation is carried out by the competent implementation department in accordance with the text of Article (288) of this law by the assistance of the implementation officers or the administrative authority. The Minister of Justice issues a decision on the procedures for implementing the judgments and decisions issued regarding the delivery of the minor, his custody, his visitation, his residence, or his visitation, and the one who is entrusted with that.

Article (349):

Notwithstanding what is stipulated by laws regarding the rules for seizing salaries, wages, pensions and the like, the maximum amount that may be seized from them in payment of a debt for alimony, wages, expenses or the like  for the wife, ex-wife, children or parents shall be within the following percentages:

A - 25% for the wife or divorcee, and it is 40% in the case of more than one.

B - 25  %  for the parents or either of them.

C - 35  %  for two children or less.

D - 40% for the wife or divorcee, one or two children, and the parents or either of them.

E - 50% for the wife or divorcee and more than two children and the parents or either of them.

In all cases, the percentage that may be seized shall not exceed 50%, which shall be divided among the beneficiaries in proportion to what has been ruled for each of them.

Article (350):

If the person obligated to pay alimony refuses to implement the final judgment issued in lawsuits for alimony, wages, expenses and the like, or the judgment to attach the settlement report to the session minutes, or what was settled between the parties before the settlement offices, or what was agreed upon in an addendum to any marriage document or divorce certificate, when the obligation contained therein is specific, the person entitled to alimony, wages, expenses and the like may raise the matter to the court that issued the judgment, or in whose jurisdiction the execution is taking place, and when it orders him to pay and he does not comply, it shall sentence him to imprisonment for a period not exceeding thirty days.

If the convicted person fulfills his obligation, or brings a guarantor acceptable to the creditor, he shall be released, all without prejudice to the creditor's right to enforce the obligation through normal means.

In cases where this article applies, the procedures stipulated in Article (293) of the Penal Code may not be carried out unless the person entitled to maintenance has exhausted the procedures referred to in the first paragraph.

If physical coercion is enforced against a person in accordance with the provisions of this article, and that person is then sentenced to imprisonment for the same offense in accordance with Article (293) of the Penal Code, the initial period of physical coercion shall be deducted from the term of imprisonment. 

The prison sentence imposed, if he is sentenced to a fine, it is reduced upon execution by an amount of fifty pounds for each day of physical coercion that was previously enforced against him.

Article (351)

In the event of a conflict between debts, priority is given to the debt of spousal or divorced wife support, then child support, then parental support, then relative support, and then other debts.

Article (352)

The problem of implementing the rulings on alimony and the like of expenses and wages does not entail a halt to the implementation procedures. The problem shall be considered before the competent Family Court, and the appeal against the ruling issued therein shall be before its appellate circuits within fifteen days.

Article (353)

All family courts and prosecution offices shall take the necessary measures to achieve technical and electronic linkage between each other and between them and the Egyptian Family Support Fund, as well as all relevant authorities, in order to ensure the exchange of data and information regarding all matters related to judgments and decisions related to family cases, with the aim of facilitating their issuance, controlling their inventory, and ensuring and monitoring their implementation, in accordance with the procedures that shall be regulated by a decision issued by the Minister of Justice in coordination with the Ministers of Social Solidarity and Communications and Information Technology.

Chapter Six:

sanctions

Article (354):

Violating the provisions of Articles (306, 307 (308) of this Law shall be punishable by a fine of not less than five hundred pounds and not exceeding one thousand pounds. If the failure to report is with the intention of harming the incapacitated or partially incapacitated person, the absent person, or other concerned parties, the penalty shall be imprisonment for a period not exceeding one year and a fine of not less than one thousand pounds and not exceeding five thousand pounds, or one of these two penalties.

Anyone who conceals, with the intent to cause harm, property belonging to someone who is legally incapacitated, partially incapacitated, or absent, shall be punished with imprisonment and obligated to return it or its value, and any benefit he received from it.

Article (355):

Any marriage officiant or notary who documents a marriage without the couple having obtained the medical certificate referred to in Article (266) of this law shall be punished with a fine of no less than ten thousand pounds and no more than twenty thousand pounds, and the court may order his dismissal