Coptic Woman Wins Landmark Case, Custody of Children

By JOSEPH MAYTON
A Christian woman has won a landmark case in Egypt to retain custody of her children despite the father's conversion to Islam in what activists hope will be a watershed decision to build tolerance among the embattled religious groups. The woman, Camellia, said the victory has "completely changed" her life.

The full impact of Judge Khalil Mostafa's ruling to return the 14-year-old twin boys to their mother were lost in the immediate days of Israel's war on Gaza, which dominated news coverage for three weeks.

"I thank God for this chance to have my children once again with me at home," Camellia told the Middle East Times in a phone interview.

Mostafa based his ruling on a newly amended child law in 2008 that gives more weight to the children's opinions. The father had converted to Islam two years ago and according to Egyptian law, all official papers must then change the children's religion as well. This increases the chances of the father maintaining custody.

A number of interpretations of Islamic law argue that when a parent changes religion, the children must then follow Islam. Opponents argue that this "contradicts the citizenship laws" of the Egyptian constitution that are religiously blind.

Activists are hopeful that a renewed interest in religious tensions could help force the government's hand in order to deal with other strains within Egyptian society.

"The government has done little to change the situation on the ground and this is the major problem," Egyptian Initiative for Personal Rights (EIPR) executive director Hossam Bahgat told the Middle East Times. He argues that because of years of neglect, animosity has grown between Christian and Muslim organizations.

"Things could have been accomplished decades ago, but now, it is more difficult because of the ongoing tension that continues to boil over. This problem has not been alleviated, because very few cases actually get to see the inside of a courtroom," he said.

For Camellia and her sons, the conversion changed almost every aspect of their lives. Immediately following it, the children's birth certificates were changed to denote Islam as the twins' religion. This meant that they had to take Islamic religious tests in school.

The result was the beginning of legal action against her ex-husband in the summer of 2006, after she lost custody of her child. In September last year, after she lost the initial appeal, all hope seemed to disappear for her.

"Camellia's situation is a tragedy. But the new verdict holds out hope for her and many others," Naguib Gobrail, a Coptic lawyer and activist, said.

Despite the victory, Camellia remains cautious about her and her sons' future.

"None of the courts I have been to ever consider the personal heartache that I experience everyday. I am still awaiting the execution of the verdict, for men to return my children to me," she said, adding: "But maybe the new verdict will give cases like mine creditability and weight."

Gobrail said she may have to wait a long time to get her children back. "Still, this could take many years to progress," the mother said.

Gobrail, who heads the Egyptian Union of Human Rights Organizations (EUHRO), believes that courts are too often biased against Christians because of their religion.

"In my opinion, some of the court rulings have degrading comments about Christianity, many examples that ignore citizenship laws," he said.

Bahgat hopes that this case will spawn a number of other rulings that deal with religion in a tolerant manner that will help create an idea of citizenship that is not based on one's affiliations.

"Throughout the last few years we have seen a number of incidents where the government turns a blind eye. But now they are beginning to take notice that things need to happen to change how Egyptians view the country," Bahgat said, "it won't happen overnight, but hopefully it will start to bring people together as Egyptians."

- Middle East Times