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Egyptian Muslim Refuses to Give Child to Christian Mother

Written by Roger Elliott

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December 20, 2008

Court grants custody of 3-year-old to woman, but police refuse to enforce order

By Roger Elliott

ISTANBUL, December 19 (Compass Direct News) - Egyptian authorities have refused to hand over a 3-year-old girl to her Christian mother even after a court granted her custody in a legal battle with her Muslim ex-husband.  Mervat Reszqallah of Tanta, 60 miles north of Cairo, was granted custody of her toddler daughter, Barthenia, by Judge Emaad Eldean Abedelhamed of the Court of Tanta on Aug. 7.

Police, however, have refused to implement the court's decision to take the child from her father.

"Many times [the police] have ignored this decision, because they see the aspect of religion," said human rights lawyer Naguib Gobrail, who said police favor the Muslim father.

Fady Farhaat Labbib converted to Islam in May of 2006 in order to divorce Reszqallah and marry another woman. He applied for custody of Barthenia in order to raise her as a Muslim. This has kept the police from doing their duty, said Gobrail.

"The police insisted that the daughter must follow the father, because they are afraid she will eat pork, drink wine, go to the church and be educated in the Sunday school," he said.

Police recently summoned Reszqallah to the Tanta police station, where she spent five hours waiting for Labbib to hand over Barthenia in accordance with a police order.

Gen. Ramzy Taleab had ordered Labbib to the police station, but police reportedly did nothing on Reszqallah's behalf when Labbib refused to hand over the child.

Gobrail said that the incident was a stunt to convince Reszqallah that police were doing their best.

"They made this order only to make the mother happy," said Gobrail.

Gobrail said he plans to meet with Moushira Khattab of the Egyptian National Council for Childhood and Motherhood to discuss the welfare of children in mixed-religion custody battles. 

Khattab, a former ambassador from Egypt to various African and European countries, was not available for comment.

Reszqallah recently returned from Lebanon, where she appeared on a Lebanese Broadcasting Corporation television program to talk about her situation. Gobrail said he hopes the publicity will lend weight to her case.

"Media can sometimes be a pressure on the authorities in Egypt, to make them ashamed," said Gobrail.  

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