كتبت/آيات مصطفى أبو الحسن
وافق مجلس الوزراء ـ خلال اجتماعه اليوم برئاسة الدكتور مصطفى مدبولي ـ على مشروع قانون الأسرة للمصريين المسيحيين، وذلك تنفيذا لتوجيهات فخامة الرئيس عبد الفتاح السيسي، رئيس الجمهورية، بسرعة إحالة مشروعات قوانين الأسرة للمسيحيين والمسلمين، وصندوق دعم الأسرة.
وخلال الاجتماع، أكد رئيس مجلس الوزراء أنه سيتم إحالة مشروعات القوانين الثلاثة تباعا، بصفة أسبوعية، للبرلمان، بما يسهم في تلبية تطلعات المواطنين، ويسهم في الحفاظ على الاستقرار الأسري والمجتمعي، ويحفظ حقوق جميع الأطراف.

وتنص المادة 3 من الدستور على أن مبادئ شرائع المصريين من المسيحيين هي المصدر الرئيسي للتشريعات المنظمة لأحوالهم الشخصية، وأنه في ضوء تنفيذ هذا الالتزام الدستوري، وكذلك تنفيذا لتوجيهات فخامة رئيس الجمهورية، فقد صدر قرار السيد رئيس مجلس الوزراء رقم (۲۱۷۲) بتشكيل لجنة قانونية برئاسة ممثل عن وزارة العدل، وعضوية ممثلين عن الوزارات والجهات المعنية، وممثل عن الطوائف المسيحية، تختص بدراسة مشروع قانون الأحوال الشخصية للمسيحيين في مصر، وإعداده في صورته النهائية؛ تمهيداً لاتخاذ اللازم في هذا الشأن.
وتم عقد 35 اجتماعاً للجنة حتى ۲۰ أبريل ۲۰۲٦، بحضور جميع الطوائف، وتم إعداد مشروع القانون بعد سلسلة من الحوارات العميقة والموسعة مع ممثلي الطوائف المسيحية، وذلك من كبار القيادات الدينية ومستشاريها القانونيين وأعضاء مجلسي النواب والشيوخ، للتوصل إلى صيغة قانونية توافقية روعي فيها عدم المساس بالمسائل العقائدية للطوائف المعنية بالقانون، وأن يكون المشروع شاملاً لجميع مسائل الأحوال الشخصية.

وأوضح المستشار/ محمود الشريف، وزير العدل، أن وزارة العدل أجرت حوارا مجتمعيا موسعا، تنفيذا للتوجيهات الرئاسية؛ لعرض مشروع القانون على أبناء الطوائف المخاطبة بأحكامه، وذلك بهدف التعرف على آرائهم ووجهات نظرهم في جميع ما تضمنه من أحكام، وقد أسفرت جلسات الحوار عن التوافق بين جميع الحضور على غالبية أحكام المشروع.
كما تم استطلاع رأي مجلس القضاء الأعلى، والمجلس القومي لحقوق الإنسان، والمجلس القومي للمرأة، والمجلس القومي للطفولة والأمومة بشأن مشروع القانون، وذلك إعمالا لنص المادتين (۱۸۵)، (۲۱۵) من الدستور؛ حيث عرضت جميع الملاحظات الواردة على اللجنة المشكلة، وتم أخذ الملاحظات في الاعتبار.
وتحدث وزير العدل ـ خلال الجلسة – عن مميزات (مشروع قانون بإصدار قانون الأسرة للمصريين المسيحيين) بأن هذا المشروع جمع شتات جميع القواعد والأحكام التي تنظم شئون الأسرة المسيحية في أداة تشريعية واحدة بمرتبة قانون، بعدما كانت مُبعثرة في ست أدوات تشريعية لا ترقى أي منها لتلك المرتبة، وهو من شأنه أن يُسهل على جميع المخاطبين بأحكامه الإطلاع عليه والإلمام بكل ما تضمنه من قواعد دون مشقة، وييسر إلى حد كبير على القضاة العاملين في مجال الأحوال الشخصية الوصول إلى حكم القانون في المسائل المطروحة عليهم، في آجال قصيرة.
كما أشار وزير العدل إلى أن مشروع القانون يتميز بسهولة التبويب وسلاسة الصياغة والعرض لجميع ما تضمنه من موضوعات، على نحو يجعل من يطلع عليه – ولو كان غير متخصص في العلوم القانونية ـ يعي المراد ويتبين المعنى من النص القانوني، مما سيكون له عظيم الأثر في تبصرة المخاطبين بأحكامه، بما منحه لهم القانون من حقوق وما فرضه عليهم من التزامات.

وشدد المستشار/ محمود الشريف على أنه تم صياغة مشروع القانون بمراعاة ما أكد عليه الدستور من أن المواطنين متساوون أمام القانون، وأن مبدأ المساواة هو أساس التشريع وعماده، وهو ما انعكس في الحرص على أن تكون جميع المسائل والموضوعات ـ التي لا تستند إلى أصل عقائدي كتلك المتعلقة بمسكن الزوجية والرؤية والحضانة والاستزارة ووثيقة التأمين وملحق عقد الزواج والعقوبات التي توقع عند مخالفة أحكامه – واحدة بالنسبة لجميع أبناء الوطن، وتتم صياغتها بالتوازي مع المقابل لها من أحكام في مشروع قانون الأحوال الشخصية للمسلمين.
وفي الوقت نفسه، أشار وزير العدل إلى أن مشروع القانون جاء نابعاً من توافق تام بين جميع الطوائف المسيحية في مصر على كل ما تضمنه من أحكام (الموضوعي منها والإجرائي).
وسرد وزير العدل بعضا من ملامح مشروع القانون، موضحا أنه جاء في أربع مواد إصدار بخلاف مادة النشر؛ حيث تسرى أحكام القانون على مسائل الأحوال الشخصية للمصريين المسيحيين أتباع الطوائف (الأقباط الأرثوذكس، والسريان الأرثوذكس، والروم الأرثوذكس، والأرمن الأرثوذكس، والإنجيليين، والكاثوليك)، مع إفراد بعض الأحكام الخاصة بكل طائفة بما يتفق وعقيدتها.
وتضمن المشروع تنظيم أحكام لكل من (الخطبة – الزواج – أسباب التطليق والبطلان ـ الانحلال المدني لبعض الطوائف ـ الحضانة – الرؤية – الإستزارة – الولاية التعليمية – النسب – المفقود ـ المواريث)، وغيرها من الأحكام العديدة الأخرى.
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