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Unorthodox measures
Published in Al-Ahram Weekly on 18 - 08 - 2011

Copts seeking divorce and remarriage threaten to resign from the Orthodox community, reports Rasha Sadek
Tens of Copts demanding the right to divorce and remarry announced on Saturday they will resign from the Orthodox community on 15 September if demands presented on 7 July to the Ministry of Justice are not met.
The move is a first in the history of the Orthodox Church in Egypt.
The Right to Live movement, which initiated the move, declared its members are planning a vigil in front of the Ministry of Justice on 15 September during which they will collect signatures for their resignation from the Orthodox Church while maintaining their Christian identity. The organiser of the movement Ayman George told Al-Ahram Weekly that the collective resignation is "the most plausible solution to our impasse".
"It will enable Copts who have long suffered to claim their right to a normal life after having explored all other possible routes to divorce."
At a protest held in front of the Ministry of Justice on 7 July the movement presented a list of demands to ministry officials that requested "the consistent application of the 1938 regulations by courts, allowing couples to divorce if both parties agree, and remarriage without a permit from the Church", explains George. Under the 1938 regulations Copts could file for divorce for any one of nine reasons, including irreconcilable differences. In 2008 Pope Shenouda limited the grounds for divorce between Copts to adultery.
Realising that appealing to the Church for a divorce for any reason other than adultery would be futile, the Right to Live movement decided to direct its efforts towards the state.
"Our demands are being ignored by the bodies concerned. We are being viewed as sinners who should be punished by being deprived of the basic human right to have a normal life and family, though it is enshrined in Egypt's constitution," says George. "Resignation from the Orthodox denomination is our last resort."
The collective resignation has provoked widespread reactions. The majority of those approached by the Weekly questioned the legality of the move.
Tarek Ramadan, a lawyer at the Centre for Egyptian Women's Legal Assistance, explains that, "from a legal point of view, resignation from a religious community is valid and enshrined in the constitution under the right to freedom of belief".
"An individual has the right to change religion or denomination. When one resigns from a community and doesn't join another, they become part of the 'unacknowledged denominations', like the Bahaais. In this case, Islamic Sharia is applied, which will allow this group of Copts to obtain the divorce and remarriage they seek."
To Father Flopatir, head of the Virgin Mary Church in Giza, the resignation is "religiously groundless and the Church will not acknowledge it".
Yet even if the Church refuses to accept their departure the courts will, says Ramadan. All it takes is to "notify the court which then issues an official declaration of the resignation sent to the Ministry of Justice and the Church concerned," be it Orthodox, Catholic or Protestant.
Father Flopatir insists the resignation is "a stunt to manipulate the law".
Professor of comparative religions Ekram Lamei blames the current escalation of events on the Coptic Orthodox Church. He warns that the consequences of the move are unknown.
"The Church ought to lend these Copts an attentive ear and solve their problems."
Lamei attributes the current state of affairs to a lack of communication between church leaders and their congregation. A staunch supporter of civil marriage and divorce, Lamei hopes the move will be a step towards the introduction of civil laws to govern personal status affairs.
While a source from the Church earlier announced that it would not "twist or bend the teachings of the Bible for the sake of a group that mistakenly assumes it is claiming a right" George stresses that he still has respect for the Orthodox Church and Pope Shenouda. According to the movement's statement on Facebook, the collective resignation is not intended to "put pressure on the Church or Christian dogma. [It] is simply a legal way out for those whose lives experience irreconcilable differences".
"Pope Shenouda has repeatedly said in sermons that 'whoever wanted to divorce and remarry outside the Church was free to do so'. Accordingly, we refuse to burden the Church with our demands. But, so far, the state hasn't provided a civil way out for those who want to divorce and remarry... Currently, Copts who want to divorce cannot change their denomination, which leaves them with one of two options: either to prove the other party guilty of adultery -- [in which case] the children are left to suffer devastating psychological repercussions -- or change religion. The latter option has resulted in deadly clashes in which innocent lives are lost, in addition to widening the rift between Muslims and Copts," said the statement.
The latest Muslim-Copt commotion flared on 7 May in Imbaba after a Coptic woman converted to Islam. It left 15 dead and 240 injured.
Dina Morice (not her real name) believes resignation from the Orthodox community is acceptable given the absence of any response from the state.
"If these Copts' commitment to the Orthodox denomination prevents them from claiming the basic human right to normal life, then it's only fair they should be able to resign."
Should the state heed the demands of dissident Copts and consistently uphold the 1938 regulations in court it is likely to lead to discontent within the Orthodox hierarchy. Father Flopatir told the Weekly that "the application of the 1938 regulations was wrong in the first place. They were authorised by a group of secularists who didn't comprehend the essence of the Bible."
Kamal Zakher, coordinator of the Secular Copts group, thinks otherwise.
"The 1938 regulations were more understanding of the nature of marriage and the problems that come along." He blames the Church for "intransigence and insisting on ignoring problems".
"The Church's cold-shouldering is what has led some to call for the resignation."
Zakher is worried that "if this matter is not looked into with a merciful, humanitarian eye -- which is the foundation of Christianity -- we will be facing a gigantic problem that could threaten the future of the Church in Egypt."
In their fourth and last bid to appeal to the Church for a solution, tens of Copts seeking remarriage permits gathered in front of the Orthodox Cathedral in Abbasiya on Monday but were refused admission to the grounds.
"We are here to complain about the intransigence of Bishop Paul's Clerical Council [in charge of Copts' personal affairs] but no one inside the Cathedral wants to listen to us," said Rafik Farouk.
Facing a deadlock, Copts who had sought the Church for a solution to their problem declared they were going to join the 15 September vigil in front of the Ministry of Justice to sign their resignation from the Orthodox community.


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