The tears of widows and orphans on the walls of the “Al-Majlis Al-Hasabi” .. It is time for a change

Written by: Hani Mubasher

Lawyers: The need to establish a public authority for jurisdiction over the funds of minors to manage their estates

Experts: The right to manage money must be prevented and the number of judges and prosecutors in trial courts must be increased

A flaw in the system .. slow and complicated procedures .. and mismanagement of the palace funds! .. this is the current reality of millions of people widows and orphans With the Probate Council .. Under the current law for the jurisdiction of Ali Minors’ money And the laws and procedures governing the work of the council, especially since the law governing the inheritance council does not make the mother a guardian of her children’s money directly to the father, the guardianship of money according to the law rather goes to the grandfather. and then to the uncle to the father, and in case of the mother’s desire to take over guardianship On the money of her children she must apply for guardianship, but if the grandfather or uncle asks for guardianship, she goes directly to them in an absolutely unjustified discrimination, for mothers to enter into an endless series of problems, obstacles and responsibilities . to play the role of mother and father and bear only the burdens of the whole family, they also suffer in the face of this red tape and legal problems.

Dr. Dweeb Hussein Saber, Head of the Department of Public Law, Vice-Dean of the Faculty of Law for Postgraduate Studies and Research Affairs, says: Egypt has known the pilot board system for more than a century, as it has been since the inception of the House of Money and the Orphan Fund. 1850, which laid the first building block for the idea. When the pilot board decided to put the money of immature adults out of the wasteful ones that followed, they themselves fell into the fund, and it is favored like the money of minors. In 1896, when the courts of the probate councils in 1947, then the state law on money was enacted by Decreet Law No. about them, and since the enactment of this law and its entry into force, the practical reality has given rise to many problems leading to fatigue Widows and minors, leading to the inability to raise children or educate them to the desired level, which negatively reflects on the circumstances of these orphans and on the level of upbringing and education that was supposed to be obtained around them.

The main problems that Egyptian families face when dealing with the trial council are the lack of application of the provisions of the state law to money in some cases, and perhaps this is mainly due to the lack of knowledge of some of the probationers, agents and prosecutors with the state law on money in some cases, which led to problems. The second problem is the slow pace of litigation procedures, the failure to complete cases and the failure to implement the digital transformation system in public prosecution, which has led to the accumulation of cases and the delay in resolving them for a long time. , as well as the complexity of the procedures, and the high percentage of fees collected for the inventory of inheritance, which is estimated at 7%. Who pays to circumvent this matter by proving a small portion of the estate and leaving the bulk to escape from the payment of the full fees, which prejudice the minors and the widow, and the practical reality confirms the scarcity of the application of the precautions provided for in Act No. 1 of 2000, represented in the transfer of public prosecution assistants upon submission of the application Or the public prosecutor’s knowledge of the death and the immediate transfer of the residence of the deceased and the writing of a record of the inventory of the estate of the minor save money and prevent it from being tampered with.

These problems can be faced by a few suggestions as follows: –

> Establishment of an office for the settlement of cases of guardianship over money, similar to the settlement office established in the guardianship of yourself in the family court, which is concerned with the inventory of inheritances, the transition to reality and the investigation of the vocabulary. of the estate.

> Communicate with the heirs concerned with the minor in the inheritance, provided it is in an official framework and gives the members of the office the status of a judicial officer.

> To seek the assistance of the Ministry of Home Affairs by conducting investigations for the centers and departments in whose jurisdiction the notables of the estate fall, by conducting investigations into the inheritance of the heirs.

> Implementing the role of the Public Prosecution Office in initiating criminal proceedings against those who refuse to hand over the minor’s inheritance.

> Activate the legal aid office located in the Family Court in an appropriate and efficient manner.

> Amendment of the law in a manner that makes it possible to settle civil disputes relating to the estates of minors in accordance with the provisions of the summary court.

Other countries’ experiences

It is also possible to take advantage of the experiences of some countries, such as Saudi Arabia and Kuwait, by establishing a general authority for jurisdiction over the funds of minors and them. The guardian or trustee manages the funds of these minors, and a legal system is put in place for them to ensure that disputes that may arise over the estates of minors and the like are resolved quickly and swiftly. The government can also use these funds invest for the benefit of minors, in addition to the possibility of allocating funds from various sources in order to ensure real care for the interests of minors and their like, provided that this body replaces the probationary board and is a substitute for it and is subject to to rules and procedures that prevent the recurrence of the problems that minors and their families face during coping. with the pilot board and alleviate the judiciary of this heavy burden, in line with Egypt’s plan for sustainable development 2030.

The suffering of widows

The widowed mother suffers to obtain what is owed to her and her young children due to the difficulty of the procedures and the length of her time. This is indicated by Nihad Abu al-Qumsan, head of the Egyptian Center for Women’s Rights, who says: Unfortunately, the mother is treated as if she is seizing the money of her children. And if the legal guardian is the grandfather, then she suffers more because the children are with her and she can not ask the prosecutor for any sums. To amend the law to give the mother the right to dispose of her children’s money, which may be her money personally and for any reason was with the husband or in his name while he was alive, while trying to perform the procedures change to be easy and considerate of the interests of the child and the mother and to alleviate the suffering and hardship and length of the procedures.

Avoid problems

Until the law is amended, there are several things that can be worked on to avoid the difficulties and problems of the probationary council. First, the father has the right to appoint the mother as guardian before his death: Article (1) of the Guardianship Act on Money No. 119 of 1952 provides that the father and then the real grandfather if he does not do so. the consent of the court.

Section 27 of the same law provides that in particular it is not permissible to appoint a guardian: whoever the father has decided before his death to deprive him of appointment when this deprivation is based on strong reasons given by the court to his examination to justify it, and the deprivation is proved by an official or customary paper confirming the signature of the father therein Or written in his handwriting and signed by his signature.

Section 28 of the same Act provides that the father may appoint an elected guardian for his minor son or for a stillborn pregnancy, and this may also be done for the donor in the case provided for in Section 3, and the choice must be proved by an official or customary paper certified by the signature of the father or the donor therein or written in his handwriting and signed with his signature The father and the benefactor may at any time change their choice, and the guardianship must be submitted to the court . to confirm it.

Section 29 of the same Act provides: If the minor or the cherished pregnancy does not have a chosen guardian, the court appoints a trustee, and the guardian of the conceivable pregnancy remains the guardian of the newborn, unless the court appoints someone else. .

It is clear from the above that the legislature determined in the first article that guardianship was established for the father and then for the grandfather, and gave the right thereafter to the father to appoint a trustee after his death, and when she right to elect a guardian in section 28, in addition to the fact that the legislature granted the father the right to deprive any person of his appointment. A trustee for serious reasons, and all this is in line with the policy framework of the law, which made the principle that the trustee should be elected, and if he is not elected, he is appointed by the court, and this is what Article 29 referred to, and from all this it is learned that the father has the right to appoint the mother. as trustee after his death.

In the light of the increasing requirements of the family and the high cost of living, and thousands of families live the suffering of orphanage in addition to the suffering with the procedures and rules of the trial council, which He takes over their money after the father’s death.

A woman is not a thief

She adds, “Unfortunately, the Egyptian family is currently governed by a series of laws that are decades old, and these are laws that have been introduced in different circumstances and environments, and society has gone through many changes, and some of these laws and “Articles treat women as if they were a thief, stealing money from their children, while the woman provides for more than half.” Egyptian families, so how can they not be entrusted with the money of their children and leave the grandparents to control it, and also to the Jurisdictional Council, and therefore the law must be amended in a way that the granting of guardianship about money to the widowed mother, with the presence of controls protecting the Egyptian family.

The mother is the first to look after their money and preserve their rights. If she is the one responsible for raising her children, how can we not trust her ability to preserve their rights ?! But the law does not protect her, but rather increases her burdens by engaging in affairs and problems with her husband’s family to obtain the rights of her children on the one hand and with the probation board on the other.

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