7. The value and specifications of the engagement ring. 8. Any other matters agreed upon by the couple. This document shall be signed by the groom and bride, their representatives if any, the witnesses, and the religious official or person authorized by their religious authority who officiated the engagement. This document shall be kept at the headquarters of the religious authority, and each of the couple shall be given a copy.
(Article 4):
The date set for the marriage may be amended by agreement of the engaged couple. This amendment shall be noted in the engagement record and signed by both parties, and by the religious leader or the person authorized by his religious authority to complete this procedure.
If either party misses the deadline set for marriage without a reasonable justification, this shall be considered as a withdrawal from the engagement, and the provisions of Article (8) of this law shall apply to him.
(Article 5):
With the exception of the Armenian Orthodox, Greek Orthodox, Latin Catholic, Maronite Catholic, Greek Catholic, Armenian Catholic, Syriac Catholic, and Chaldean Catholic denominations, the clergyman who conducted the betrothal shall prepare a summary of it, free of financial agreements, within one week of the date of the betrothal, and announce it on the church notice board.
If one of the betrothed resides outside the church's jurisdiction, a copy of the summary shall be sent to the church in whose jurisdiction he resides for notification within the same period stipulated in the first paragraph.
In all cases, the announcement will be made inside the church for a full month.
Any interested party may object in writing – during the aforementioned announcement period – to the completion of the marriage if he becomes aware of any of the impediments mentioned in this chapter. He must inform the religious official who drew up the engagement report or who will conduct the marriage, provided that this objection is decided upon by the competent religious leader or his delegate, before the date set for the marriage.
If the religious leader, or his delegate, does not decide on the objection before the date set for the marriage, this is considered a rejection of the objection.
(Article 6):
If the marriage does not take place within one year from the date of expiry of the announcement period stipulated in the previous article, the announcement must be repeated again in the same manner. For reasons deemed appropriate by the competent religious leader or his delegate, he may be exempted from repeating the announcement.
(Article 7):
The engagement ends by agreement of both parties or by the will of one of them, and this is recorded in a report prepared by the competent religious man, and signed by the one who changed his mind, and attached to the engagement report. The religious man is responsible for notifying the other party of this change of mind, by registered letter with return receipt requested, within one month of its date.
(Article 8):
Without prejudice to the provisions of Article (9) of this Law, if the fiancé breaks off the engagement without an acceptable reason, he is not entitled to recover what he presented in terms of engagement ring or gifts.
If the fiancée breaks off the engagement without an acceptable reason, the fiancé has the right to reclaim what he gave her in terms of engagement ring or gifts that have not been consumed, or their value at the time of the return.
If the engagement ends by mutual agreement, each party shall reclaim what they gave to the other in the form of engagement ring or gifts, if any, or its value on the day of its reclaimment, with the exception of what is customarily consumed.
Nothing from the engagement ring or gifts is returned unless the engagement ends in death.
All of this is without prejudice to the right of either party to compensation from the other, if the engagement was broken off due to the commission of wrongful acts, completely independent of him, and resulting in material or moral harm to one of the engaged parties.
If the party responsible for compensation, and the person who must be compensated, is a minor, his guardian shall be responsible for fulfilling his obligations to the other party.
As for the Armenian Orthodox, Greek Orthodox, Latin Catholic, Maronite Catholic, Greek Catholic, Armenian Catholic, Syriac Catholic, and Chaldean Catholic communities, the proof of the rights of both parties is subject to the general rules stipulated in the Law of Evidence, and this applies to what is excluded from the engagement record and to gifts subsequent to the engagement for the remaining communities.
In all cases, the right to file lawsuits arising from the engagement expires one year after its termination.
(Article 9):
The engagement ends for one of the following reasons:
1- If it becomes clear that there is a legitimate impediment between the two fiancés, it prevents the completion of the marriage between them.
2- If one of the engaged couple becomes involved in monastic life.
3- If one of the betrothed dies before the marriage contract is concluded.
4- If one of the betrothed is absent for a continuous calendar year, without an acceptable excuse, and without the consent of the other party.
5- If it becomes apparent that one of the two betrothed has changed his religious affiliation; this applies to the Coptic Orthodox and Armenian Orthodox communities.
6- If it becomes apparent that one of the engaged couple has changed their religion, or joined a sect other than those to which the provisions of this law apply.
If any of the reasons mentioned in the previous clauses are realized, except for clause (3), the engagement ring and unused gifts, if they exist, shall be transferred to the party who did not cause the dissolution of the engagement, or to his heirs in the event of his death. If this is not possible, their value shall be returned at the time of recovery.
(Chapter Two)
The pillars of marriage and its conditions
(Article 10):
Christian marriage is a sacred and permanent religious bond; it is publicly entered into between one Christian man and one Christian woman who meet the conditions set forth in this law, to form a family that cooperates in the affairs of life in one living arrangement.
As for the Catholic, Evangelical, Syriac Orthodox, and Greek Orthodox denominations, marriage may be contracted between their followers and the followers of other denominations to which this law applies. In this case, the provisions of the denomination in which the marriage was contracted and the marriage ceremony was performed shall apply to everything related to the marriage and its effects.
As for the Coptic Orthodox and Armenian Orthodox communities, marriage is only permitted for those of the same sect and religion.
(Article 11):
A Christian religious marriage is valid before a priest in Egypt and is not subject to dissolution except under the provisions of this law and no other, when it is performed with the consent of the spouses in religious ceremonies by a competent Christian clergyman authorized to do so by his religious leadership, in accordance with the rituals of his denomination.
(Article 12):
Neither a man nor a woman may marry before each of them reaches the age of eighteen full calendar years.
(Article 13):
If either or both of the prospective spouses are under the age of majority, the validity of the marriage contract requires, in addition to their consent, the consent of the guardian, in accordance with the order specified in Article (2) of this law.
(Chapter Three)
Marriage contract procedures
(Article 14):
Marriage is established by a contract officiated by a Christian clergyman authorized by his religious authority, and includes the following information:
1. The full name, title, occupation, address, date of birth, and national identification number of each spouse. 2. The full name, title, occupation, address, and national identification number of each parent of each spouse, as well as the full name, title, occupation, address, and national identification number of the guardian of any minor spouse (if applicable). 3. Proof of the presence and consent of both spouses and the guardian of any minor spouse (if applicable). 4. Proof of the presence of at least two adult Christian witnesses, including their full name, occupation, address, and national identification number. For Catholics, the witnesses must be of the same denomination.
5. The declaration mentioned in Article (5) of this Law, with the exception of the Armenian Orthodox, Greek Orthodox, Latin Catholic, Maronite Catholic, Melkite Catholic, Armenian Catholic, Syriac Catholic, and Chaldean Catholic communities. 6. The existence or absence of any objection to the marriage and the proceedings thereof, as specified in Article (5) of this Law; with the exception of the Armenian Orthodox, Greek Orthodox, Latin Catholic, Maronite Catholic, Melkite Catholic, Armenian Catholic, Syriac Catholic, and Chaldean Catholic communities. 7. Proof of the completion of the religious rites necessary for marriage, according to the church to which the spouses belong. As for the Catholic, Evangelical, Syriac Orthodox, and Greek Orthodox communities, which permit marriage between their followers and followers of other communities to which this Law applies, proof of the completion of the religious rites necessary for marriage between different communities is established according to the church in which the rites were performed.
8. Proof that the couple has obtained a certificate of being free from any impediments to marriage from their respective churches. 9. For the Greek Orthodox community only, in addition to the above, a permit to perform the marriage ceremony from the religious authority is required. 10. The medical certificate details for both spouses, as referred to in Ministerial Decree No. 338 of 2008 issued by the Minister of Health and Population.
(Article 15):
The religious official or the person authorized to conduct the marriage by his religious authority shall have a book for recording marriage contracts; its papers shall be numbered sequentially, and sealed with the seal of the religious authority, and each paper shall include a fixed original and three slips; and after the contract is drawn up in the manner mentioned above in Article No. (14) of this law, it shall be read to the audience present by the religious official who drew it up.
The original and all the coupons are signed by the spouses, the guardian if there is one, the two witnesses, and the religious man who conducted the contract and completed the marriage ceremony. One of the three coupons is given to the husband, the second to the wife, and the third is sent to the religious authority to which he belongs, to keep it there, after it has been recorded in the register prepared for that purpose. The original, which is fixed in the book, remains with the religious man for safekeeping.
The dioceses, bishoprics, and evangelical churches located in the various governorates must send to their religious leadership - at the end of each month - a statement of the marriage contracts that took place within their jurisdiction.
For the Greek Orthodox community, the clergyman authorized by his religious superior issues a single marriage certificate in the marriage contract register given to him by the Patriarchate, and he must register it at the Patriarchate. The couple receives a certified copy of the marriage certificate from the Patriarchate.
(Article 16):
The notary public appointed by his church and the Ministry of Justice is obligated to notarize the marriage contract and its annex within thirty days of the completion of the religious ceremony of marriage.
(Article 17):
The marriage certificate is accompanied by an annex in which the spouses may agree on matters such as ownership of marital property, the marital residence, guaranteeing due financial rights, and other matters agreed upon by both parties.
Every person about to get married must, before concluding the contract, provide the price of the marriage certificate, which includes an insurance policy guaranteeing her a financial sum or a fixed monthly allowance in the event of a final ruling of divorce, annulment of the marriage, or civil dissolution. The notary responsible for documenting the marriage must, before completing the contract, 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, annulment, or civil dissolution is due to a reason attributable to the wife.
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.
The marriage certificate appendix is considered an integral part of the document and has the force of an enforceable instrument. Those concerned may submit it to the enforcement department of the competent family court after attaching the enforcement formula. 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, and to regulate the issuance of the insurance document stipulated in the second paragraph of this article, in coordination with the competent insurance companies.
No claim brought before the Family Court shall be accepted with respect to any of the consequences arising from the first paragraph of this Article, if either of the parties has resorted to the competent enforcement department of the Family Court regarding it, unless the circumstances under which the agreement was made have changed.
(Chapter Four)
Marital assets
(Article 18):
The marital property belongs to the wife, unless otherwise agreed upon in writing. The husband has no right to any of it, but he has the right to benefit from what is placed in the marital home.
The wife has the right to demand the return of the marital property that she owns, even during the marriage. She also has the right to claim its value if it is destroyed or if it cannot be returned for a reason not attributable to her. This right is forfeited if the marital property is destroyed for a reason not attributable to the husband’s actions and in which he has no hand. In the event of the wife’s death, the entire trousseau reverts to the husband.
(Chapter Five)
Impediments to marriage, its dissolution, and its civil dissolution
First branch
(General provisions)
(Article 19):
Divorce and civil dissolution of marriage are not permitted in the Catholic Church, and no provisions relating to these two matters, wherever they appear in this law, shall apply to its followers.
(Article 20):
For the Catholic Church, the provisions of the internal regulations of the Catholic Church apply to the impediments to marriage, the form of its celebration, its correction, and the physical separation of the spouses, provided that they do not violate public order.
(Article 21):
Changing one spouse’s religious affiliation during the marriage shall have no effect in the event of a legal dispute between them, and the law of the affiliation under which the marriage was concluded shall apply.
(Article 22):
Divorce between Christians is not permitted by the will of one of the spouses alone, nor by their agreement, whether explicitly or by a deceptive means. Divorce shall be for the reasons stated in this law.
(Article 23):
In divorce and civil dissolution cases, the court must offer reconciliation to the spouses at the session following the completion of notification to the opposing parties.
If one of the spouses fails to appear at the reconciliation session without an acceptable excuse, he shall be considered to have rejected it, and the court shall rule on the case on this basis.
If both parties attend the session scheduled for reconciliation and the judge is unable to reconcile them, he shall assign each of them to appoint an arbitrator from his family, as far as possible, in the session following the reconciliation session, to try to reconcile them within a period not exceeding sixty days.
If either of them fails to name his judge, or does not attend the scheduled session, the court shall appoint a judge for him.
Without prejudice to the deadline stipulated in the third paragraph of this article, the court shall set a session for the two arbitrators to appear before it to discuss the outcome of the reconciliation efforts. If this results in reconciliation between the two parties, the judge shall record this in the minutes of the session, and the court shall rule that the case has ended with reconciliation.
If the efforts of the two arbitrators do not result in a settlement between the parties to the lawsuit, the judge shall record this in the minutes of the session, and the court shall rule on the lawsuit on this basis.
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(Article 24):
In cases of engagement, divorce, annulment, and dissolution of marriage, the court must request the opinion of the competent religious authority in the dispute in writing, by means of a decision explaining the reason for the lawsuit. The religious authority must give its opinion within the period specified by the court, provided that its period does not exceed forty-five days.
If the court reaches an opinion contrary to that expressed by the religious leadership, it must provide reasons for that.
If no response is received within the period specified in the first paragraph of this article, the court shall rule on the subject of the case.
(Article 25):
Divorce or civil dissolution cases are terminated if a reconciliation is reached between the spouses before the final judgment is issued in the case.
(Article 26):
A final ruling of annulment, divorce, or civil dissolution of marriage results in the dissolution of the marital bond from the date of the final ruling. Thus, the rights and obligations of each spouse towards the other cease, and neither inherits from the other.
(Article 27):
After a final ruling of divorce or civil dissolution of marriage, the spouses may reconcile and resume married life, provided that this is proven by a new marriage contract, and in accordance with the provisions of this law, provided that the divorce or dissolution ruling is waived in writing before a religious official authorized by his religious authority to conduct the new marriage contract, with all the resulting consequences.
(Article 28):
The party who initiated the divorce, civil dissolution, or annulment due to his fault is obligated to compensate the other party, if the conditions are met, and in accordance with the provisions of tort liability.
(Second Branch)
Marriage restrictions for all denominations – except the Catholic denomination
(Article 29):
Consanguinity prohibits marriage for both men and women:
1- By the origins, even if they are high, and by the branches, even if they are low.
2- Brothers and sisters, and their descendants.
3- By paternal uncles, aunts, maternal uncles, and maternal aunts, without their offspring.
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(Article 30):
A man is prohibited from marrying any of the following:
1. His wife's ascendants and descendants: After his wife's death, he may not marry her mother or grandmother, no matter how far back the lineage extends, nor her daughter from another marriage, nor her granddaughter, nor her grandson, no matter how far down the lineage extends. 2. The wives of his ascendants and descendants: He may not marry his father's wife, his paternal uncle's wife, his maternal uncle's wife, his grandfather's wife, her mother, her grandmother, her granddaughter, her son's granddaughter, her son's daughter, or her daughter's daughter. Similarly, he may not marry his son's wife, his grandson's wife, her mother, her grandmother, her granddaughter, her son's daughter, or her daughter's daughter. 3. His wife's sister, her ascendants, descendants, and wives, her brother's daughter, and their descendants. 4. His brother's wife, her ascendants, and descendants. 5. His wife's paternal aunt, her paternal uncle's wife, her maternal aunt, and her maternal uncle's wife. 6. The sister of his father's wife, the sister of his mother's husband, the sister of his son's wife, and the sister of his daughter's husband. In all cases, what is forbidden for a man is also forbidden for a woman.
For the Evangelical community, marriage to the wife’s sister, and to the brother’s wife in the event of death, is permissible, provided that neither party has children.
For the Armenian Orthodox community, marriage between relatives up to the fifth degree is permitted with the authorization of the religious leadership.
For the Greek Orthodox community, marriage between relatives up to the fourth degree is permitted with the authorization of the religious leadership.
(Article 31):
Neither spouse may enter into another marriage before the existing marriage between them has ended, been dissolved, or been annulled by a final judgment. A marriage subsequent to a marriage that has not ended, been dissolved, or been annulled is considered absolutely null and void. Polygamy and polyandry are prohibited in Christianity.
(Article 32):
Marriage is not permitted for someone who has been divorced due to adultery, or for changing religion, or for joining a sect other than those covered by the provisions of this law.
It is also not permissible for a murderer or his accomplice to marry the spouse of his victim, if it is proven that the murder was for the purpose of marriage.
For the Armenian Orthodox, Greek Orthodox, and Syriac Orthodox communities, a divorced person may remarry with the permission of the religious leadership.
(Article 33):
Marriage is not permissible in the following cases, unless the other party agrees - in writing - prior to the marriage, and after consulting the religious authority:
1. If one of the prospective spouses has a natural or medical impediment that is unlikely to be cured and prevents them from engaging in sexual relations, or if they suffer from a terminal or chronic illness that renders them unfit for married life. 2. If one of them is addicted to narcotics, provided that this is proven by an official medical report. • 11 -
Any marriage that takes place in violation of the provisions of this article shall be considered null and void if the other party insists on its nullity, within six months from the date of his certain knowledge of the reason for the nullity, unless the matter has developed into serious harm and the danger of cohabitation.
(Article 34):
A woman whose husband has died, or whose marriage has been dissolved or annulled by a final ruling, has the right to enter into another marriage after ten full calendar months have passed from the date of death or from the date of the final ruling, unless she gives birth before the expiry of this period or it is proven by an official medical certificate that she is not pregnant, provided that the waiting period is not less than sixty days for the deceased woman in the case of the Syriac Orthodox community.
(Article 35):
Infertility does not invalidate a marriage, even if it is incurable, unless there is fraud or deception on the part of either party.
(Article 36):
For the Greek Orthodox community, in addition to the impediments to marriage stipulated in Articles (29) and (30) of this law, marriage is not permitted in any of the following cases:
1- Marriage of someone who is in a sacred position.
2- Marriage of someone who has taken a permanent public vow of chastity, by permanently entering into the monastic life, by virtue of an official letter from the religious leadership.
3- The marriage of the godfather to the baptized person or his parents, and the marriage of the baptized person to the sons of the godfather.
4- Marriage to someone who has been divorced three times previously.
The patriarch may authorize marriage in cases where he deems it appropriate, provided that such authorization does not violate public order.
(Article 37):
For the Syriac Orthodox community, in addition to the impediments to marriage stipulated in Articles (29) and (30) of this law, marriage is not permitted in either of the following two cases:
1- Anyone who was a monk and did not obtain written approval from the Patriarch.
2- If a man's wife dies before sixty days have passed since the date of death.
(Third Branch)
Marriage is invalid for all denominations – except the Catholic denomination
(Article 38):
The marriage is invalid if any of the following conditions are proven:
1. Lack of valid consent from either party to the marriage. 2. Failure to conduct the religious ceremony publicly, in the presence of at least two Christian witnesses. 3. Underage status of either or both spouses as stipulated in Article (12) of this Law. 4. The existence of an impediment to marriage for either spouse due to consanguinity or affinity as stipulated in Articles (29) and (30) of this Law. 5. Marriage of a person already married, whose marriage has not ended, been dissolved, or annulled at the time of the marriage. 6. Marriage of a premeditated murderer or their accomplice to the spouse of their victim, provided it is proven that the murder was committed with the intent to marry. 7. The affiliation of either spouse to a religion other than those covered by this Law at the time of the marriage. 8. The existence of an impediment to marriage for either spouse as stipulated in Article (33) of this Law, provided that this impediment existed before the marriage and was not accepted in writing by the other party. 9. The existence of a psychological or physical impediment to consummation in one of the spouses, provided that the wife has been able to consummate the marriage herself for six calendar months from the date of their marriage without success. Proof of impotence must be provided by an official medical certificate for either spouse. For the Armenian Orthodox community, the impediment to consummation in the husband must have existed from the beginning of the marriage and continued for three consecutive months or six non-consecutive months, and the wife must still be a virgin.
10. If one spouse was previously divorced due to adultery, subject to the provisions of the last paragraph of Article (32) of this Law. 11. If one spouse deceives regarding any essential information, such as date of birth or qualifications, or if the marriage is deceived regarding the wife's virginity, or if one spouse conceals from the other their knowledge of being infertile.
(Article 39):
Without prejudice to the provisions of Articles 32 and 36 of this Law, a claim of annulment shall not be accepted after the expiry of six calendar months from the time when the party became certain of the reason for the annulment, unless the matter has developed into serious harm and the danger of cohabitation.
(Article 40):
Subject to the provisions of Article (12) of this Law, if the marriage of a minor is concluded without the permission of his guardian, it may only be challenged by the guardian, until the minor reaches the age of majority. The claim of invalidity shall not be accepted from the guardian if he has explicitly or implicitly approved the marriage, or if six months have passed since he became aware of the marriage.
The claim is also not accepted from either spouse, one month after he or she reaches the age of majority.
In all cases, the claim shall not be accepted from the guardian or from either spouse if it is found that the marriage resulted in pregnancy or childbirth.
(Article 41):
A marriage that has been ruled invalid still has legal consequences for the spouses and their offspring if it is proven that both were in good faith, or were unaware at the time of the marriage of the reason for the invalidity that marred the contract.
If good faith is only present on the part of one of the spouses and not the other, then the marriage only has its effects with respect to the offspring and the good faith spouse.
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(Article 42):
Anyone who has obtained a final ruling of divorce, annulment of marriage, or civil dissolution, and in accordance with the provisions of this chapter, may apply to the church to which he belongs at the time of application, requesting to be married in the church to another, and this church shall confirm his application, within six months from the date of application, and in the case of the Evangelical denomination, in the event of approval, it shall be approved by the head of the denomination to which the applicant belongs.
For the Coptic Orthodox community, the application referred to in the first paragraph of this article shall be submitted to the competent ecclesiastical council for a decision within six months from the date of submission of the application.
If the woman is the one who wishes to submit this request, or requests a church marriage after the death of her husband, this must be after the expiry of ten full calendar months from the date of death or from the date of the final judgment, unless she gives birth before the expiry of this period, or it is proven by an official medical certificate that she is not pregnant, provided that the waiting period is not less than sixty days for the one whose husband has died in the case of the Syriac Orthodox community.
In all cases, if the application is rejected or not answered within the period specified in the first and second paragraphs, the applicant may appeal to the religious leadership to take the necessary action.
With regard to the Armenian Orthodox community, anyone who has obtained a ruling from those stipulated in the first paragraph of this article must notify the religious leadership in one of the legally prescribed ways.
(Fourth Branch)
Dissolution of marriage for all denominations – except the Catholic denomination
(Article 43):
A valid Christian religious marriage ends in one of two ways:
1- The actual or legal death of one of the spouses.
2- Divorce.
(Article 44):
Either spouse may request a divorce in the following cases:
1- Adultery by one of the spouses, provided that a divorce lawsuit for adultery is filed within a period not exceeding six months from the date the applicant becomes aware of the incident, and the lawsuit is not accepted if he was satisfied and agreed to the adultery.
2- One of the spouses leaves the Christian religion for another religion, or for a religion other than those to which the provisions of this law apply.
3- Sexual perversion, or one spouse engaging in sexual relations with the other in a manner other than the normal way of marital relations.
For the Coptic Orthodox, Syriac Orthodox, Armenian Orthodox, and Greek Orthodox communities, any act that indicates marital infidelity is considered adultery, such as the following cases:
1- The wife running away with a man who is not a close relative, or spending the night with him without her husband’s knowledge or permission, or the husband running away with a woman who is not a close relative, or spending the night with her.
2- Inciting one spouse to commit adultery or fornication, or compensating the other for it.
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3- If the wife becomes pregnant during a period when it is impossible for her husband to have sexual relations with her, unless it is proven scientifically that the pregnancy is from him.
As for the aforementioned sects, this is proven by all means of proof.
For the Evangelical community, any act that indicates marital infidelity by either spouse is considered evidence of adultery, and this is proven by all means of proof.
In the Evangelical community, it is also permissible to request a divorce after marriage, based on the request of both parties or one of them, provided that no physical contact has taken place.
(Article 45):
For the Armenian Orthodox community, either spouse may, in addition to the reasons stipulated in Article (44) of this law, request a divorce in any of the following cases:
(1) Three years have passed since one of the spouses contracted a mental or neurological illness that is not curable, provided that this is proven by an official medical report.
(2) A final judgment has been issued against one of the spouses with a sentence restricting freedom, for a period of not less than three years for one judgment or multiple judgments.
(3) One spouse attempts to kill the other.
(4) Refusal of marital relations by one of the spouses - during the marriage - without a legitimate impediment, unless this refusal is due to the behavior of the other spouse.
(5) Neglect by one of the spouses of the duties of affection, support, and protection that marriage imposes on him towards the other spouse.
(6) Refusal of one spouse to live with the other, unless there is a justifiable reason for this refusal.
(7) The absence of one of the spouses for a period of no less than three years, without justification.
(8) If one of the spouses contracts a sexually transmitted infection during the marriage, provided that this is proven by an official medical report.
(9) One of the spouses insists on not having children, especially when he resorts to methods of abortion.
(10) Repeated assault by one spouse on the person of the other, or if one of them behaves in a way that is not consistent with the respect due to the other spouse, or if one of the spouses deliberately causes serious harm to the financial interests of the other spouse.
(11) There is a severe incompatibility between the temperaments of the spouses, making it impossible for them to live together.
(12) The existence of a natural or pathological impediment in one of the spouses, such as hermaphroditism or castration, which is not expected to disappear and prevents him from marital relations, or his contracting a terminal or chronic disease that makes him unfit for marital life, provided that this is proven by an official medical report.
The wife has the right to request a divorce if the husband’s morals become corrupt, especially if he pushes his wife into immorality, and the husband’s request for a divorce is not accepted in this case.
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(Article 46):
For the Syriac Orthodox community, either spouse may - in addition to the reasons stipulated in Article (44) of this law - request a divorce in any of the following cases:
(1) One of the spouses suffers from an incurable mental or neurological disease that poses a danger to the family, provided that this is proven by an official medical report.
(2) The entrenchment of aversion between the spouses, provided that it is accompanied by abandonment, for a period of three consecutive years.
(3) One of the spouses leaves the marital home, without justification, for three consecutive years, provided that communication with the other party is cut off.
(Article 47):
For the Greek Orthodox community, either spouse may - in addition to the reasons stipulated in Article (44) of this law - request a divorce in any of the following cases:
1- One spouse encroaches on the life of the other spouse.
2- One spouse leaving the other for three consecutive years, with malicious intent.
3- The absence of one of the spouses, and the interruption of news about him for three consecutive years.
4- One of the spouses has a mental or psychological illness for a year, or an incurable infectious disease, during the marriage, provided that this is proven by an official medical report.
5- Permanent inability to have marital relations for a period of six months during marriage, provided that this is proven by an official medical report.
6- Issuance of a three-year prison sentence against one of the parties for one or more judgments.
7- One of the spouses leaving the marital home, against the will of the other spouse, and changing its terms, for a period of three consecutive months.
8- Accusing one spouse of adultery before the court or religious authority, and being unable to prove it.
9- Exposing one of the spouses to the risk of the marital relationship dissolving, which leads to the impossibility of continuing married life.
A husband may request a divorce from his wife if she refuses to have children with him without justification or acceptable excuse. Similarly, a wife may request a divorce from her husband if he violates her chastity, such as by pushing her to commit adultery with others.
For the Greek Orthodox community, a divorce claim is dropped after one year from the date the claimant becomes aware of the reason for the divorce, except in the case stipulated in clause (1) of this article. In all cases, the divorce claim is dropped after three years from the date of the event that caused the divorce.
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(Fifth Branch)
(Civil dissolution of marriage)
(Article 48):
For the Coptic Orthodox and Evangelical communities, either spouse may request a civil dissolution of the marriage from the court if the spouses have been separated for three consecutive years, and it is impossible for the marital life to continue.
For the Coptic Orthodox community, a civil dissolution of marriage may also be requested if one spouse does or refrains from doing something that threatens the life of the other spouse.
In all cases, this shall be proven by all means of proof, and the final judgment of civil dissolution of marriage shall have the same effects as the final judgment of divorce.
Chapter Two
Expenses
(Chapter One)
General Provisions
(Article 49):
Maintenance: It is what is sufficient for a person’s needs, to live a decent life for someone of his stature, and it includes food, clothing, housing, medical expenses, education expenses for young children, and other things that are dictated by custom.
Maintenance is obligatory between spouses, and between fathers, mothers, and relatives.
(Article 50):
The maintenance is estimated, either by agreement or by court order, according to the needs of the person requesting it, his status, and the financial ability of the person obligated to pay it.
A temporary maintenance allowance is imposed on the applicant if he is entitled to it and its conditions are met, before a decision is made on the subject of the lawsuit, as specified in the Law Regulating Some Conditions and Procedures of Litigation in Personal Status Matters issued by Law No. 1 of 2000.
After the final ruling on alimony is issued, the person who is ordered to pay may deduct an amount he has paid of the temporary alimony from what he has been finally ordered to pay in alimony.
(Article 51):
The estimated maintenance is temporary by nature, and it changes according to the changing circumstances of either party, in terms of ease and hardship, need and economic conditions, which can be proven by all means of proof.
The maintenance may be increased or decreased if the circumstances of the person obligated to provide maintenance change, whether they become easier or harder. The increase or decrease shall begin from the date of the ruling.
(Article 52):
Maintenance is awarded to either spouse and children from the date the person obligated to pay it refuses to do so, and to relatives from the date the maintenance lawsuit is filed. A claim for spousal maintenance is not accepted for a past period of more than one year ending on the date the lawsuit is filed.
The absence of the person obligated to file the lawsuit, or his residence abroad, does not prevent the filing of the lawsuit and the judgment therein.
In all cases, the maintenance shall not be terminated except by performance or release proven in writing or by the death of the person for whom it was established.
(Article 53):
The debt for maintenance has priority over all the assets of the person obligated to pay it, and takes precedence over all other debts, and is collected before the payment of court expenses and amounts due to the public treasury.
Chapter Two
Spousal support
(Article 54):
The maintenance is obligatory between the spouses, from the time of the valid religious marriage contract.
(Article 55):
The wife loses her right to maintenance if she leaves the marital home without justification, or refuses - without an acceptable reason - to travel with her husband to the place to which he has moved his residence, or prevents her husband from entering the marital home without justification.
The same provisions set forth in the first paragraph shall apply to the husband.
The wife’s departure from the marital home for a justifiable reason, or her going out to work for a legitimate right as an inherent right, is not considered a reason for the loss of her maintenance, unless it is proven that she has abused this right or that it is contrary to the family’s interest.
(Article 56):
The fact that the husband resides in the marital home with the wife and children does not prevent him from being ordered to provide maintenance for them, whenever it is proven that he has refused to provide maintenance.
(Article 57):
The husband is obligated to provide for the shared living expenses, and he must provide his family with a life that is consistent with his ability and the family’s social standing. If the husband’s income is insufficient for this, the judge shall order the wife, if she is able, to contribute to these expenses, taking into account the family’s interest and the financial capacity of each spouse.
The wife is obligated to provide for her insolvent husband who is unable to earn a living, whenever she is able to provide for him.
The husband imposes maintenance on the wife, either by court order or by mutual consent, which allows her the right to borrow from whomever she wishes when needed, with the permission of the court. The lender has the right to seek recourse against the husband.
(Article 58):
A claim to increase or decrease alimony due to a change in the husband’s circumstances (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 59):
If the spouses reconcile after the issuance of the alimony ruling, the right to enforce the ruling for the period prior to the reconciliation is forfeited, provided that the reconciliation continues for a period of at least six months.
(Article 60):
The obligation to provide maintenance between spouses remains in effect until the date of a final ruling of divorce, annulment, or dissolution of the marriage.
Chapter Three
Financial support between parents and children, and financial support for relatives
(Article 61):
The father is obligated to provide for his minor child who does not have enough money to support him. The father's obligation to support the children continues until the female marries or works with an income sufficient for her, and until the male reaches the age of eighteen. If he reaches this age and is unable to earn due to a mental defect or physical disability, or due to seeking knowledge appropriate to his peers, not exceeding the university level, or due to the unavailability of earning, his father's obligation to support him continues.
The minor's expenses, as ordered, take into account his needs for service, breastfeeding, custody, education, and other necessities.
(Article 62):
The father is obligated to provide for his adult son who is indigent and unable to earn a living, and to provide for his adult daughter who is indigent and unmarried, or married if her husband becomes destitute or unable to work, or if her marriage is annulled or invalidated, or if she is divorced, and she has no descendant capable of providing for her.
(Article 63):
If the father is insolvent, the children’s expenses must be paid by the mother if she is wealthy. If both parents are insolvent, the expenses must be paid by the paternal grandfather, then the paternal grandmother, then the maternal grandfather, and if there are no ascendants or they are insolvent, the expenses must be paid by the relatives, according to the order stated in Article (68) of this law.
(Article 64):
Without prejudice to the provisions of Article (2) of the Law Regulating Some Conditions and Procedures of Litigation in Personal Status Matters issued by Law No. 1 of 2000: If the father refuses to provide for his minor children, he shall be required to pay maintenance for them, and it shall be given to the mother or the custodian to provide for them.
(Article 65):
The wealthy son - whether an adult or a minor, male or female - must provide for his parents and his poor grandparents. If they have money that does not meet their needs, the wealthy son is obligated to provide what completes them to the extent of sufficiency. If there are multiple wealthy sons, the expenses are shared jointly among them, each according to his means.
(Article 66):
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 67):
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.
(Article 68):
If the person entitled to maintenance has no ascendants or descendants capable of supporting him, then his maintenance is obligatory upon his relatives in the following order: full brothers and sisters, then paternal brothers and sisters, then paternal uncles and aunts, then maternal brothers and sisters, then maternal uncles and aunts, then the sons of paternal uncles and aunts, then the sons of maternal uncles and aunts.
(Article 69):
If the relatives obligated to provide maintenance are of the same degree, the maintenance shall be in proportion to the financial means of each of them. If the one obligated to provide maintenance is poor, or unable to fulfill it in full, then the one next in the order shall be obligated to provide it or complete it.
(Article 70):
If the wife requests that her maintenance debt be counted as a debt she owes to her husband, her request shall be granted, even if the husband does not agree to it.
A husband who has been ordered to pay alimony may not claim to offset the wife’s alimony against a debt he owes her, except for what exceeds what is necessary to meet her basic needs.
(Article 71):
All governmental and non-governmental entities are obligated, based on a binding decision or authorization from the competent Family Court, to provide a statement of the actual income of the person obligated to pay alimony from his place of work, including all financial rights received by the employee or worker (job wage - basic wage - supplementary wage - variable wage - or other under any name), and the place of work of the person obligated to pay alimony is obligated to deliver the aforementioned statement to the person authorized to do so within fifteen days from the date of receiving the decision or authorization of the court, and 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.
Chapter Three
What a child owes his parents - and what he owes them
(Chapter One)
paternal authority
(Article 72):
Children should respect their parents and treat them well.
(Article 73):
Parents must raise, care for, and educate their children in accordance with religious, social, and national values, and safeguard their money and provide for them, in accordance with the provisions of this law.
(Chapter Two)
Custody and related matters
(Article 74):
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 mother and so on up the paternal line, then the mother of the father and so on up the paternal line, then the full sisters, then the sisters from the mother’s side, then the sisters from the father’s side, then the daughter of the full sister, then the daughter of the sister from the mother’s side, then the maternal aunts in the order mentioned above for the sisters, then the daughter of the sister from the father’s side, then the daughters of the brother in the order mentioned, then the paternal aunts in the order mentioned, then the maternal aunts of the mother in the order mentioned, then the maternal aunts of the father in the order mentioned, then the paternal aunts of the mother in the order mentioned, then the paternal aunts of the father in the order mentioned, and the court may, according to the interest of the child in custody, not adhere to this order.
If none of these exist or are not 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 shall place the child in the care of a trustworthy Christian 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 her right to custody, this right is not restored to her, even if its conditions are met, except based on the best interests of the child as determined by the court.
(Article 75):
Those entitled to custody must meet the following conditions:
* Must be a Christian. • Must be of sound mind, mature, and trustworthy. • Must be capable of raising and caring for the child. • Must be free from contagious diseases. • Must not be living with someone who hates the child or with whom there is enmity or hostility.
(Article 76):
In addition to the conditions mentioned in Article (75) of this law, the custodian must not bring anything with the child after he reaches the age of seven that could be feared for his religion.
(Article 77):
The right of custody ends, and its fee is forfeited, when the child reaches the age of fifteen years.
(Article 78):
The right to keep the child begins after the age of custody ends, 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 maturity and the young girl until she gets married.
(Article 79):
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 80):
The name of the minor child whose custody has been established may not be changed except with the consent of his parents. In case of dispute over this, the matter shall be referred to the head of the Family Court in his capacity as the judge of urgent matters, and the person concerned shall notify the Civil Status Department of this.
(Article 81):
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 subject to the best interests of the child, the marriage of the custodial mother shall 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 forfeits her right to reside in the custody residence prepared by the person who was ordered to divorce, dissolve, or have his marriage annulled, and she is entitled to a custody residence allowance.
(Article 82):
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 83):
The marriage of the custodian or the custodian other than the mother and father does not invalidate his right to custody unless it causes harm to the child under custody.
(Article 84):
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 85):
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 86):
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 87):
If the court orders the transfer of custody for a temporary period in accordance with the provisions of Articles (100) and (110) 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 88):
The marital residence is the last residence prepared by the husband for his wife, whether by himself or through someone else, for her to live in with him during the marriage, complete with facilities, movable property 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 residence or the residence prepared by the wife is not considered to be the marital residence.
(Article 89):
The person who has been granted a divorce, or whose marriage has been dissolved or invalidated, must provide his minor children from the woman who has been granted a divorce, or whose marriage has been dissolved or invalidated, and their custodian, with a suitable independent residence. If he does not do so during the period of custody, they shall continue to occupy the marital residence without him. If the residence is owned by the custodian, they shall continue to occupy it and she shall be entitled to a residence allowance for custody.
If the custodial residence is jointly owned by the father, the children under custody, and the custodian, they shall continue to live there without him, and the custodian shall be 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 under custody shall be obligated to pay its rental value. If he refuses to pay, the court shall obligate 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 determined for her and the children under her care. If she chooses the allowance, it becomes binding on the next custodians.
During the custody period, the father of the children may prepare another residence for the custodian other than the marital residence and invite the custodian to move to it. If she refuses, the matter shall be presented to the court for consideration. After verifying by any means that it deems appropriate that the residence is suitable in terms of location, preparation, and spaciousness, the court shall present the matter of moving to it to the custodian. If she refuses, the court shall compel her to hand over the marital residence to the father of the children and shall determine for her the rent for the residence during custody. If she accepts, the court shall compel the person who is to be divorced to pay her the rent for the residence 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 90):
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 the explicit or implicit consent of the father, 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 91):
In all cases, a claim for custody housing shall not be accepted after six months have passed from the date on which the judgment of divorce, civil dissolution or annulment becomes final.
If the right to custody ends, the person who has been granted a divorce, dissolution, or termination of his marriage may return to the residence with his children if he had the legal right to retain it in the first place.
(Article 92):
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 93):
A woman whose marriage is declared invalid, or who is divorced or civilly dissolved, is entitled to breastfeeding expenses from the date she is no longer entitled to them. Others are entitled to them from the time of breastfeeding, for a period not exceeding two years from the time of birth. The expenses are to be paid from the child’s money if he has money, otherwise from the person who is obligated to pay for his expenses.
The woman whose marriage is declared invalid, or who is divorced or civilly dissolved, 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 minor reaches the maximum age for custody.
The fee is not waived except by performance or release proven in writing, or by the death of the person for whom it was established.
Chapter Three:
Educational State
(Article 94):
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 95):
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 may 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 order on a petition that achieves this interest without prejudice to the guardian’s right to educational guardianship.
(Article 96):
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 97):
The father is obligated to pay for his children’s education at all educational levels, including the preparatory period before basic education and up to the end of the university stage. If the father has chosen a specific type of private education for his children, he cannot go back on that as long as he is satisfied with it and no legitimate justification has arisen for him to go back on it.
(Article 98):
If a boy is receiving special 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 whoever enrolled him in this education shall complete those expenses from his own money without recourse to the father.
Chapter Four:
Vision
(Article 99):
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 100):
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 (74) 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 101):
The ruling on visitation by the public authority is not enforced by force.
(Article 102):
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 103):
Subject to the provisions of the preceding articles, it is permissible to request an order for electronic visitation initially, and it is also permissible to request the replacement of electronic visitation with direct visitation and vice versa, and in succession. This shall be by decision of the President 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 104):
The visitation, whether direct or electronic, shall be for a period of no less than three hours per week, taking into account the best interests 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 105):
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 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 106):
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 either of them without being dependent on a ruling from the court.
Chapter Five:
Visitation
(Article 107):
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 of visitation belongs to the non-custodial parent, and in the event that it is not requested, 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- A visitation request for a child under five years of age will not be 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.
3- The child in custody shall stay overnight with the person in whose favor the judgment was issued, provided that the period is not less than two days and does not exceed four consecutive 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.
The minimum periods stipulated in clauses (2) and (3/first paragraph) of this article may be reduced upon the request of the person entitled to visitation.
(Article 108):
The right to visitation is forfeited if the parent requesting it 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 if a final judgment is issued against the parent, in accordance with Article 159/1 of this law.
(Article 109):
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 110):
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 (74) 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 111):
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 112):
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 113):
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 114):
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 115):
The court order issued by the public authorities regarding the visitation shall not be enforced by force.
Chapter Four
Proof of lineage
(Article 116):
The child’s lineage is legally established if he is born from marriage, after at least six calendar months have passed since the date of marital cohabitation, or within ten calendar months at most since the date of the ruling of annulment of marriage, divorce, civil separation of marriage, death, absence, or physical separation in the case of the Catholic community.
In all cases, the part of the day on which the birth occurred is counted as a full day.
Proof of lineage is established by a certificate extracted from the birth registration book, or by approved scientific evidence, or by any legally prescribed method of proof.
The husband may request the denial of the child’s lineage if he proves that the child was born before the six-month period or after the ten-month period stipulated in the first paragraph of this article, unless he had notified the birth registration authority that the child was his or was present to report it, or he knew that his wife was pregnant by him before the marriage.
In all cases, a claim of denial of lineage shall not be accepted, whether brought by the husband or his heirs after him, if the lineage is proven with certainty or by reliable scientific evidence.
(Article 117):
Without prejudice to the provision in the last paragraph of the preceding article, the husband who wishes to deny the child’s lineage must file the lawsuit within thirty days from the date of birth if he is present or from the date he becomes aware of it if he is absent, provided that he has not explicitly or implicitly acknowledged the lineage, and that no reliable scientific evidence contradicts it.
If the husband dies before the expiry of the deadlines specified in the previous paragraph, without having filed his claim, his heirs may deny the child’s lineage, provided that they file the claim within thirty days of the date of his death.
In all cases, the court shall, on its own initiative, rule that the lawsuit filed after the deadlines stipulated in this article shall not be accepted.
(Article 118):
The child’s lineage is legally established by the subsequent marriage of his parents, provided that they are eligible for marriage, and that they acknowledge his parentage in writing at the time of the marriage contract.
Children whose lineage is established through marriage after their birth shall have all the rights and obligations stipulated in this law.
(Article 119):
The lineage of every newborn is established to his mother, as soon as the birth is proven, without any restrictions or conditions.
The lineage of a person of unknown parentage is legally established by the acknowledgment of the man or woman, even during a terminal illness, as long as it is possible for someone like the person who acknowledged it to have been born. The acknowledgment is only binding on the person who made it.
The following conditions must be met for lineage to be established by acknowledgment:
1- The person making the declaration must be a sane, rational, and free agent.
2- The child's lineage is unknown.
3- That the person to whom the statement is made confirms it if he is sane and discerning.
4- Proof that the person whose lineage is sought is the son of the deceased, by an official medical report from the Forensic Medicine Department.
If a person of unknown parentage claims parentage to a man or woman, and this claim meets the conditions set forth in paragraph three of this article, and the defendant confirms his claim, his parentage is established from him. It is permissible to request proof of parentage by all legally prescribed means of proof, including approved scientific evidence.
A claim of lineage is not accepted after the death of the person accused of lineage, unless it is part of a claim for a financial right.
(Article 120):
Any interested party may contest the father's or mother's acknowledgment of lineage, within one year from the date of the acknowledgment.
Lineage is established by approved scientific methods in cases of denial by the person to whom the child is attributed, or disputes about unknown lineage, or cases of children resembling or being mixed up.
(Article 121):
It is permissible to rule that illegitimate children are legally attributed to the father in the following cases:
First: Kidnapping or rape if the time of their occurrence dates back to the time of pregnancy.
Second: Enticement through fraud, abuse of power, or the promise of marriage.
Third: The existence of letters or documents - even if written electronically - issued by the accused father that include his explicit acknowledgment of paternity.
Fourth: If the defendant father and mother lived together during the pregnancy period and lived with each other as a married couple.
(Article 122):
Without prejudice to the provisions of the Civil Status Law, the administrative authority shall choose a neutral four-part name for anyone whose lineage to a father has not been proven.
Neither the child's father nor the mother may file a claim to establish paternity for the father.
The child's right to file a lawsuit expires one year after reaching the age of majority, and for the mother, two years after giving birth.
(Article 123):
Without prejudice to Article (6/124) of this Law, if lineage is proven in accordance with the provisions of this Law, a claim denying it shall not be accepted.
(Article 124):
Without prejudice to Law No. (64) of 2010 concerning the regulation of combating human trafficking, it is prohibited for the purpose of proving lineage to be human trafficking. If this is proven, the court shall order the handover of the person involved in the incident, if he has not reached eighteen full calendar years, to the National Council for Childhood and Motherhood.
In that case, the Public Prosecution may request a denial of lineage in accordance with the provisions of Law No. (3) of 1996 regarding the regulation of procedures for directing a Hisbah lawsuit in matters of personal status.
Chapter Five
Missing
(Article 125):
A missing person who is presumed dead shall be declared dead at least three years after the date of his 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 cases other than those mentioned in the two preceding paragraphs, the judge is authorized to determine the period after which the missing person is declared 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 126):
When a missing person is declared dead or a decision is published declaring him dead in accordance with Article (125) of this Law, his estate shall be divided among his heirs who are 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 apply.
(Article 127):
If it turns out that the missing person is alive, his wife is his unless she marries another and lives with her as a husband 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 live with her as a husband, or if one of them knew that the first one was alive, her marriage contract with the second one is considered dissolved.
In the latter case, her second marriage—after its annulment—has no legal effect except with respect to the children and the husband acting in good faith. Furthermore, she cannot return to the custody of her missing husband—whose life has been confirmed—until she gives birth, if she is pregnant, or until an official medical certificate proves that she is not.
Fifth: Implementing what the deceased bequeathed from the amount that may be bequeathed.
Fourth: The remainder is divided among the heirs if there are multiple heirs, according to the order of their classes in this law.
(Article 125):
The bequest shall not exceed half of the estate to any person or entity in the event of an heir.
Chapter Two
In the estates of patriarchs, bishops, and monks of all denominations, except the Evangelical denomination
(Article 126):
For the Coptic Orthodox and Syriac Orthodox communities, the inheritance is distributed as follows:
1- All money left by the Pope Patriarch shall revert to the Patriarchate, and the acting Patriarch shall be its custodian, and he shall not have the right to dispose of it for any purpose other than the benefit of the Patriarchate, provided that the remainder is handed over to the new Pope Patriarch immediately upon his ordination, and the Pope shall not inherit from his relatives.
2- All the money left by the bishop goes to his diocese, and the Pope is its custodian until he hands it over to his successor, and the bishop’s relatives do not inherit anything from it.
As for the Armenian Orthodox community, the estate goes to the Patriarchate in Egypt.
3- All the money left by the monk belongs to his monastery, and the head of the relevant monastery has the right to dispose of it for the benefit of the monastery, and the monk's relatives do not inherit anything from it.
As for the Armenian Orthodox community, all money left by the Metropolitan, monk, or bishop goes to the Patriarchate in Egypt.
As for the Greek Orthodox community, everything owned by the Pope, the Patriarch, the Metropolitanate, the Bishops, and the monks before their ordination goes to their heirs, as well as everything they inherit from their relatives after their ordination. As for what came to them after ordination until death, or leaving their priestly and monastic position, it goes to the Patriarchate.
And for the Catholic community:
1- Everything that the Patriarch acquires through his rank belongs to the Patriarchate and none of his relatives may inherit it from him. As for what he had before his ascension to the presidency or what he obtained not through the rank but through another means such as inheritance, will or personal gift, it is his property and he may dispose of it as he wishes and it passes after death to the heirs.
2- Everything that the bishop acquires by virtue of his rank belongs to the diocese, and none of his relatives may inherit it from him. As for what they had before their ascension to the presidency or what they obtained not by virtue of the rank but by another means such as inheritance, will or personal gift, it is their property and they may dispose of it as they wish and it passes after death to the heirs.
3- All the money left behind by the monk goes to his monastery.
Chapter Three
The heirs, and the entitlement of each of them to the inheritance
(Article 127):
The heirs are divided into two categories: one category takes a specific share of the estate or takes the entire estate, as specified in Articles (128, 129) of this law, and the other category takes the entire estate or what remains of it, after deducting the share of the husband or wife and the parents, and includes the descendants, brothers, grandparents, uncles, maternal uncles, great-grandparents, paternal uncles of the parents, and their maternal uncles.
First branch
The rights of the husband, wife, and parents
(Article 128):
The husband has the right to inherit from his wife according to the following:
First: One-third of the estate in the absence of a descendant heir and parents.
Second: Half of the estate in the event that there is no heir, and there are parents or one of them.
Third: A quarter of the estate if the wife has three children or less, whether male or female. But if she has more than three children, he has a share equal to the share of one of them. And those children who died during the lifetime of their ancestor and had a descendant are considered to be children.
Fourth: The entire estate if the wife has no heirs as stipulated in this law.
The same provisions outlined in the preceding paragraph shall apply to the wife in her inheritance from her husband.
(Article 129):
Parents have the right to inherit from their deceased children, whether one or both of them are still alive, according to the following:
First: One-sixth of the estate, in the event of the existence of an inheriting descendant.
Second: Half of the estate in the event that there is no heir, and there is a husband or wife.
Third: The entire estate, in the absence of a descendant heir, and a husband or wife.
In all cases, the share that goes to the parents is divided equally between them, the female like the male.
Branch Two
The entitlement of the remaining heirs
(Article 130):
The heirs who take all or what remains of the estate, after the husband or wife's share and the parents' share have been fulfilled, are of six degrees, some of which are given precedence over others, in the following order:
First: Branches.
Second: Brothers.
Chapter Six
Inheritance
Chapter One
General Provisions
Article (128)
Inheritance is the transfer of a person’s estate after his death to those to whom it is due by virtue of this law. In all cases, ownership of vacant estates left by deceased persons without heirs is transferred to the state, from the date of death.
Article (129)
The conditions of inheritance are as follows:
First: The death of the deceased, in fact or by legal presumption, according to the provisions of the law.
Second: The heir is considered to be alive at the time of the death of the deceased, or to be considered among the living - by analogy - such as a fetus, provided that it is born alive.
Article (130)
If two or more people die and there are heirs among them, and it is impossible to prove who died first, then none of them inherits from the other; rather, the estate of each one passes to his own heirs.
Article (131)
The reasons for inheritance are marriage and legitimate natural kinship. Those who are not related to the deceased by marriage, such as the mother’s husband and the father’s wife, and are not related by natural kinship, do not inherit, and do not take anything from the estate without a will.
Article (132)
The following are excluded from inheritance:
First: Whoever intentionally kills the deceased, whether the killer is the principal perpetrator or an accomplice, provided that the killing was without right or excuse, and the killer is of sound mind and fifteen years of age or older, and exceeding the right of self-defense is considered an excuse, according to the text of Article (251) of the Penal Code, or if he was a false witness whose testimony led to a death sentence and its execution on the deceased.
Second: Whoever embraced a religion other than Christianity, and remained so until the death of the deceased.
Article (133)
There is no inheritance until debts are paid, and the heir is not liable for any debts related to the estate except to the extent of what he receives from it.
Article (134)
The estate of the deceased is related to four rights, some of which take precedence over others, in the following order:
First: What is spent on shrouding the deceased, burying him, and his funeral.
Second: Paying off all outstanding debts from whatever money he has left.
Third: Implementing what the deceased bequeathed from the amount that may be bequeathed.
Fourth: The remainder is divided among the heirs if there are multiple heirs, according to the order of their classes in this law.
(Article 135):
The bequest shall not exceed half of the estate to any person or entity in the event of an heir.
Chapter Two
In the estates of patriarchs, bishops, and monks of all denominations, except the Evangelical denomination
(Article 136):
For the Coptic Orthodox and Syriac Orthodox communities, the inheritance is distributed as follows:
1- All money left by the Pope Patriarch shall revert to the Patriarchate, and the acting Patriarch shall be its custodian, and he shall not have the right to dispose of it for any purpose other than the benefit of the Patriarchate, provided that the remainder is handed over to the new Pope Patriarch immediately upon his ordination, and the Pope shall not inherit from his relatives.
2- All the money left by the bishop goes to his diocese, and the Pope is its custodian until he hands it over to his successor, and the bishop’s relatives do not inherit anything from it.
As for the Armenian Orthodox community, the estate goes to the Patriarchate in Egypt.
3- All the money left by the monk belongs to his monastery, and the head of the relevant monastery has the right to dispose of it for the benefit of the monastery, and the monk's relatives do not inherit anything from it.
As for the Armenian Orthodox community, all money left by the Metropolitan, monk, or bishop goes to the Patriarchate in Egypt.
As for the Greek Orthodox community, everything owned by the Pope, the Patriarch, the Metropolitanate, the Bishops, and the monks before their ordination goes to their heirs, as well as everything they inherit from their relatives after their ordination. As for what came to them after ordination until death, or leaving their priestly and monastic position, it goes to the Patriarchate.
And for the Catholic community:
1- Everything that the Patriarch acquires through his rank belongs to the Patriarchate and none of his relatives may inherit it from him. As for what he had before his ascension to the presidency or what he obtained not through the rank but through another means such as inheritance, will or personal gift, it is his property and he may dispose of it as he wishes and it passes after death to the heirs.
2- Everything that the bishop acquires by virtue of his rank belongs to the diocese, and none of his relatives may inherit it from him. As for what they had before their ascension to the presidency or what they obtained not by virtue of the rank but by another means such as inheritance, will or personal gift, it is their property and they may dispose of it as they wish and it passes after death to the heirs.
3- All the money left behind by the monk goes to his monastery.
Chapter Three
The heirs, and the entitlement of each of them to the inheritance
Article (137)
The heirs are divided into two categories: one category takes a specific share of the estate or takes the entire estate, as specified in Articles (138) and (139) of this law, and the other category takes the entire estate or what remains of it, after the husband or wife and parents have been allocated their shares. This includes descendants, brothers, grandparents, uncles, relatives, great-grandparents, paternal uncles, and maternal uncles.
First branch
The rights of the husband, wife, and parents
Article (138)
The husband has the right to inherit from his wife according to the following:
First: Two-thirds of the estate in the absence of a descendant heir and parents.
Second: Half of the estate in the event that there is no heir, and there are parents or one of them.
Third: A quarter of the estate if the wife has three children or fewer, whether male or female. If she has more than three children, he receives a share equal to the share of one of them. A child is considered to be one who dies during the lifetime of the deceased and has a descendant who inherits.
Fourth: The entire estate if the wife has no heirs as stipulated in this law.
The same provisions outlined in the preceding paragraph shall apply to the wife in her inheritance from her husband.
Article (139)
Parents have the right to inherit from their deceased children, whether one or both of them are still alive, according to the following:
First: One-sixth of the estate, in the event of the existence of an inheriting descendant.
Second: Half the estate in the absence of a descendant heir, and the presence of a husband or wife.
Third: The entire estate, in the absence of a descendant heir, and a spouse.
In all cases, the share that goes to the parents is divided equally between them, the female like the male.
Branch Two
The entitlement of the remaining heirs
Article (140)
The heirs who take all or what remains of the estate, after the spouse and parents have been given their shares, are of six degrees, some in order of precedence over others, as follows:
First branches.
Second: Brothers.
Third: Grandparents.
Fourth, the paternal uncles, and the circumstances.
The fifth is the great-grandparents.
Sixth: The paternal uncles of the parents, and their circumstances.
Each degree excludes the degree that follows it. The degree of the branches excludes the degree of the brothers, and these exclude the degree of the grandparents, except for what is excluded in this law.
If the deceased's spouse and parents are deceased, those degrees inherit the entire estate.
First Class: Branches
Article (141)
The descendants of the deceased take precedence over other relatives in inheritance. They receive the entire estate or what remains of it after the spouse and parents have received their shares. If there are multiple descendants of the same degree, the estate is divided equally among them, with no distinction between male and female. For example, if the deceased left a son and a daughter, each receives half. If he left three descendants of the second degree (such as a son's son, a daughter's daughter, and a daughter's son), each receives one-third. However, if they are of different degrees and some are related to the deceased through a living person, that person excludes them from inheritance. If someone dies leaving a son and a son of that son, the son alone inherits, excluding his son.
However, if some of them are related to the deceased through a person who died before him, then they take the place of that deceased person.
They take the share that would have gone to him if he were alive. If an heir dies leaving behind a living son and children of a son who died before him, the estate is divided into two halves, one half for the living son who inherits it in this capacity, and the other half for the children of the deceased son who inherit it by way of representation of their deceased father.
If there are multiple children, the estate is divided equally among them, and the children of the deceased son inherit in place of their father, with his share to be divided equally among them.
Inheritance by proxy extends from one branch to another, and does not stop at a limit. It is based on the principle mentioned in the previous paragraph, which is that a branch is only excluded by its living parent.
Article (142)
Second degree: Brothers and their descendants. If the deceased had no descendants or parents or one of them, then the net estate of his estate - after fulfilling the share of the husband or wife - goes to his brothers and sisters, and is divided among them in equal shares.
If the siblings differ in degree of kinship, such that some are full siblings and others are half-siblings (paternal or maternal), the net estate is divided among them, with each full sibling receiving two shares and each half-sibling (paternal or maternal) receiving one share. If any of the aforementioned siblings predeceased the deceased, their share passes equally to their children, without distinction between male and female. Then, after the death of each child, their share passes to their descendants, generation after generation, no matter how far back they may be.
If there are only half-siblings (paternal) or half-siblings (maternal), the net estate is divided among them, with each half-sibling receiving two shares and each half-sibling receiving one share.
Third degree: Grandparents.
Article (143)
If there are no parents, or one of them, or the husband, or the wife, or the descendants, or any of the deceased’s brothers, sisters, and their offspring, then the inheritance passes to the grandparents (grandfather and grandmother equally, and whoever has died, his share goes to the other).
The fourth degree is the paternal uncles and their descendants.
Article (144)
If the deceased had no heirs among those mentioned previously, the estate passes equally to the paternal uncles and aunts, and the maternal uncles and aunts. If any of them have passed away, their share passes to their children, and the same applies to their descendants, generation after generation.
Fifth degree: great-grandparents.
Article (145)
If the deceased had no heirs from among those mentioned previously, the estate shall be divided equally between the great-grandparents.
Sixth degree: Paternal uncles and maternal uncles of the parents:
Article (146)
If the deceased had no one among those mentioned previously, the estate goes to the paternal uncles and aunts of the parents, and the maternal uncles and aunts of the parents, and it is divided equally among them. Whoever among them has died, his share goes to his children, and the same applies to their descendants after them, degree by degree.
Article (147)
Difference in nationality does not prevent inheritance unless the law of the foreign country prohibits a foreigner from inheriting from it.
If the deceased acknowledged a relationship to someone other than himself before his death, the person acknowledged is entitled to his share of the estate if his lineage is unknown, his lineage from someone other than himself is not proven, and the deceased did not retract his acknowledgment before his death.
In this case, it is required that the person to whom the inheritance is made be alive at the time of the death of the deceased or at the time of the ruling that he is considered dead, and that there is no impediment to him from the inheritance positions.
Usually (149)
If a man dies leaving behind his wife or the woman he has divorced, her unborn child does not inherit from him unless it is born alive within ten calendar months at most, from the date of death or the divorce decree.
As for the child born out of wedlock, he inherits from the mother and her relatives, and the mother and her relatives inherit from him.
Article (150):
A share of the deceased’s estate is set aside for the unborn child, and if the amount set aside for the unborn child is less than what he is entitled to, he can claim the remainder from the heirs whose share was increased by the amount.
Article (151)
The missing person’s share of his deceased relative’s estate is held in trust. If he appears alive, he takes it. If he is judged to be dead, his share is returned to the heirs who were entitled to it at the time of his deceased relative’s death. If he appears alive after being judged to be dead, he takes what remains of his share in the hands of the heirs.
Usually (152)
A hermaphrodite of unknown gender (one whose sex is unclear) has a share in the estate of their deceased relative according to their degree of gender.
Article (153):
A settlement is when heirs agree to exclude some of them from the inheritance in exchange for a known sum. If one heir settles with another, the excluded heir receives their share and takes their place in the estate. If one heir settles with the remaining heirs, and the payment is from the estate, their share is divided among them according to their respective shares. If the payment is from their own funds, and the settlement agreement does not specify how the excluded heir's share is to be divided equally among them, then it is divided equally.
Chapter Seven
sanctions
Article (154):
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 (155)
Anyone who marries or participates in the marriage of a child who has not reached the age of eighteen at the time of marriage shall be punished by imprisonment for a period of not less than one year, and a fine of not less than fifty thousand pounds and not more than two hundred thousand pounds.
In addition to the penalties stipulated in the previous paragraph, the notary shall be sentenced to dismissal.
This crime does not lapse with time.
Article (156)
The notary shall be punished with a fine of no less than ten thousand pounds and no more than twenty thousand pounds if he violates the text of Article (16) of this law or documents a marriage without the spouses obtaining the medical certificate referred to in the decision of the Minister of Health and Population No. 238 of 2008, and the court may order his dismissal.
Usually (157)
Anyone who refuses to hand over the statement of the actual income of the person obligated to pay alimony, as referred to in Article (71) 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 (158)
Without prejudice to the provisions of Articles (102, 108) 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 (159)
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, their legal representative, or their heirs or their legal representative may request the Public Prosecution or the competent court, as the case may be and at any stage of the proceedings, to record their reconciliation with the accused. Reconciliation results in the termination of the criminal case, and the Public Prosecution orders the suspension of the sentence's execution if reconciliation occurs during its execution, even after the judgment has become final.
Article (160)
The penalty shall be imprisonment for a period of not less than six months, and a fine of not less than twenty thousand pounds, and not exceeding one hundred thousand pounds.
Or by one of these two penalties, anyone who deliberately refuses to hand over to one of the heirs his legal share of the document when requested by any of the legal heirs.
The penalty - in case of recidivism - is imprisonment for a period of not less than one year.
The victim or his/her special representative, his/her heirs or their/her special representative, as well as the accused or the convicted person or their/her special representative, may prove reconciliation in these crimes before the prosecution or the court, as the case may be.
The settlement results in the termination of the criminal case, even if it was brought through direct prosecution. The Public Prosecution orders the suspension of the execution of the penalty if the settlement takes place during its execution. The settlement does not affect the rights of the victim of the crime.
Reconciliation is permissible in the crimes stipulated in this article at any stage of the proceedings, even after the judgment has become final.
