Final ruling on gender equality in the heritage of Orthodox Christians .. Know it

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In fact, the customs of the Egyptian society, especially in Upper Egypt, deprive the female of inheritance, not only Muslim but also Christian women. When the provisions of the law are applied, Christianity receives half of its inheritance as mentioned in Islamic law, although the list of Coptic Christians is equal between male and female Inheritance.

This comes despite the fact that the constitution provides for the invocation of the divine laws of non-Muslims in personal circumstances, but the courts have witnessed fierce debate to apply these texts.

In this regard, the Court of Appeal of Cairo issued a "158" Personal Status, a final judgment of its kind, which stipulates the equality of male and female in inheritance for Orthodox Christians pursuant to Article 3 of the Constitution and Article 247 of the Coptic Orthodox List.

The judgment was issued in the restricted case No. 11666 for the year 133 BC, under the chairmanship of Counselor Maher Farid, and the membership of the advisors Jaafar Liali, Ahmed Ezzat, in the presence of the prosecutor Mohammed El Shafei,.

The facts are the appeal of the judgment issued on 11 March 2016 in the case No. 332 of 2016 the olive family, as the occurrence of the statements and documents of the opponents and their defenses and defenses have already been briefed in detail and the extension of the appeal appealed by the Court in this regard to avoid repetition and change what was stated Including for reasons that he deemed to be sufficiently urgent to carry this judgment. The dispute was connected to the plaintiff's request to investigate the death of his sister, Frayalz, who died on 13 June 2013 and the loss of her legacy in the student and his sister, Wadz. Two witnesses attended and acknowledged that the heirs of the deceased " Ferial "are their brothers, each of the" travel And Wadz.

On March 29, 2016, a court of first instance ruled on the death of Ferial. And on June 13, 2013, and the siege of her legacy in her brothers «Safrius.z» and «Wedad.z», and all deserve to leave a share of the male like the fortunes of the two, and since this judiciary was not accepted by the appellant has been challenged by the appeal filed under the newspaper The Registry of this court was filed on 8 May and declared to the appellant in accordance with the correct law the request for judgment to accept the appeal in form and the constitutional challenge to the first article of Law No. 25 of 1944 as well as the last paragraph of article 3 of Law No. 1 of 2000 for the personal status of their violation Article 3 of the Egyptian Constitution And the principles of Islamic law.

On the subject, canceling the suspended sentence in reserve and distribution of shares and the female is like the male and equal in the distribution of shares in inheritance in accordance with the 2015 Constitution of the principles of the Christian law, for reasons of the error in the application of the law and the payment of unconstitutionality, as the circulation of appeals hearings and the recent hearing, Of the Court.

The court ruled that the appeal may have its legal status, and therefore it is acceptable in form. As for the subject of the appeal, it was established in article 247 of the Coptic Orthodox Council that if the parent has no branch, father or mother, To his brothers and sisters and divide them equal shares when they are united in power that they are all brothers brothers or brothers of a father or mother is no difference between the brother and sister.

According to the "court" – since it was not – and it was hard to be entitled to the legacy of the deceased «Frial. They are her brothers. Z and Wedad. And thus their inheritance shares shall be equal in accordance with the provisions of the preceding Article. There shall be no difference between a male and a female, in accordance with their law and then the court, and as the third amendment of the appealed judgment with respect to the distribution of inheritance shares and as previously mentioned in the sentence.