Progress Amid Resistance

94 WOMEN’S RIGHTS IN THE MIDDLE EAST AND NORTH AFRICAfrom the Islamist camp—arguing that Radwan’s views were a distortionof the Muslim faith. 12Egypt ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 1981. It placed reservations onArticle 9(2), regarding the right of women to pass their nationality to theirchildren; Article 16, related to equality within marriage; Article 29(2), onthe resolution of disputes related to the convention; and Article 2, whichcalls for the implementation of policies designed to eliminate gender discrimination,on the grounds that this could violate Shari‘a in some cases.The reservation to Article 9(2) was lifted in 2008 after the nationality lawwas amended to allow women to transfer citizenship to their children.However, the other reservations remain. 13The Egyptian delegation to CEDAW justified the reservations to Article16 by arguing that Shari‘a provides equivalent—rather than equal—rightsto women that balance the proper roles of men and women during thecourse of and in the dissolution of a marriage. 14 In light of the virtualmonopoly held by highly conservative and reactionary religious elites overthe process of determining what conforms with and what defies Shari‘ain the Egyptian context, the push for more progressive interpretations hasproven an uphill battle for proponents of reform.Egyptian institutions and organizations lobbying for changes in thepenal code or pressing the government to implement CEDAW are ableto operate freely. This is partly because much of the lobbying work fora constitutional amendment that would allow for affirmative action wasinitiated by the National Council for Women, an official entity headed bythe current first lady that reports directly to the president. Nevertheless,nongovernmental women’s organizations have been active in lobbying forCEDAW implementation as well.RecommendationsF The government should expand the nationality law to enable the foreignhusbands of Egyptian women to obtain Egyptian citizenship.F The penal code must be amended to create a nondiscriminatory definitionof adultery and to eliminate leniency for honor killings.F Egypt should remove its reservations to Article 16 of CEDAW andbring domestic legislation into compliance with international standardsregarding women’s marriage and divorce rights.