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Fathi Nagib, the Egyptian Women's movement and human rights
The judge, Fathy Naguib was born in Cairo in the year 1983.
He graduated from the faculty of law / Cairo University in 1958.
On the other hand he was holder of Political science and Economics
diploma / Cairo University 1959, Public law diploma /Cairo University
1960, and finally his PHD from the faculty of law / Paris University.
He worked immediately after his graduation at the public prosecution
office and proceeded to the various judicial posts; attorney general,
judge, head of the appeal prosecution, judge at the appeal courts at
the court of cassation in 1983.
In 1987 he was appointed as an assistant of the minister of justice for
arbitrational affairs then as an assistant of the minister of justice
for legislative affairs from 1988 to 1995, assistant of the minister of
justice for judicial supervision in 2000 till he occupied the post of
vice-chairman of the court of cassation in 2001. Finally he was assigned
as head of the Supreme constitutional court in 4th of September in 2001.
Thoughts about Fathy Nagiub:
We thought a lot about a description of this master that could reflect
his outstanding knowledge and his distinguished personality till we
all agreed to recognize him as "the lover of Egypt".
His love to Egypt was his central motive for his engagement in legislative reform for
the last two decades. Legislation became a dynamic factor for economic
and social reform. His passion and love to Egypt was also what motivated
him to permanently assure and guarantee real and strong justice for the
simple Egyptian citizen.
Women and the cultural conflict in Egypt:
Judge Fathy Naguib:
Women's issues raise a central question: Why did this case gain so much
attention and became even the core of many other cases?
We find that throughout history a certain culture has emerged and developed.
It is the culture of denial, subordination coercion of women.
Consequently two different theories emerged:
The first:
Thoughts developed by scientists and intellectuals who were affected with the
above mentioned culture and devoted all their efforts to all that is related
to women's issues.
The second:
Those woman themselves adopted this culture and are content with it at the
end of the 20th century and that these thoughts became part of her cultural
integrity.
Dr. Fathy Naguibs opinion was that women have to speak out as an
opposing power to this culture and insist on their rights. In a workshop
on Human rights and development, Dr. Naguib said that The cultural reformation is one of the important reformations in all
researches and studies.
Firstly:
Any human company has its own culture, although its primitivism the
private culture she had leads it to construct its financial needs. And
then return to produce its intellectual and moral basics for this group.
Secondly:
The main resource in any culture is the knowledge of the society and its
contact with the elements of the surrounding society.
The United Nations must do a new convention to education and culture that
the concerned governments to produce it to the new generations.
The lawyer Fathi Nagib made many achievements in the field of the
constitutional law with his judgments in many cases that Nagib in that
time was the head of the high constitutional court.
The first case:
The court decided not to constitute the fourth paragraph from the
item number (17) from the law number 136 of the year 1981 in some private
judgments of renting and buying the places and organizing the relation
between the buyer and the renter , including the short time of renting
for the Egyptian wife and her children and her non Egyptian husband at the
end of his stay .and the government posed the expenses and 100 pounds for
the lawyer's fees.
The second case:
The court decided not to constitute the first paragraph from the item (105)
from the social security law number 79 of the year 1975 which dictate to
the prosecution of the husband Refaat and the government posed 100 pounds
for the lawyer's fees.
The third case:
The court not to constitute the item number 177 from the charter of
the personal treatments for the Christian orthodox, and the government
posed the expenses and 100 pounds for the lawyer's fees .
What is said about him?
1) Adel Hamuda:
This is Fathi Nagib., the head of the high constitution court . A man
who respect the law .. and he must help the people and be helpful to the
society and not to be a sword on their necks .. he is a man who can
combine between the law and the feeling of the people and their needs
and in the same time he believes that life without culture is like a
dried river.. a marvelous picture lost its colors .. a tree without
fruits.
2) Thany Gebaly:
Thany Gebaly the first judge in the high constitution court ,confirmed
that Dr, Fathi Nagib he wasn't only the high head of judging in Egypt ,
but he was one of the most important sociologists in the modern era, and
a cultural and legislative value that honors the Egyptian society.
3) Shereen Almoniery :
Fathi Nagib started the khulaa law to be the master of the equitable laws
for the women which he is trying to be just with her ,now women lost an
understanding member to all the family ,personal and society laws .. and
it is a great loss for Egypt.
4) Dr Mosaad ewes:
All these impressions are collected in the noble character of Dr Fathy
Nagib .. the moderate judge ..who evoked all the modern leaders of Egypt
in all fields to search for the shining face of our life in the proper
place and not to leave this chance.
5) Mr Gamal zayda:
Dr Fathi Nagib is an image of the long heritage in the Egyptian school
of law that gave the modern country its bright , the law that judges all
people in all ranks and places , the modern law notion and the modern
judgments that differs from the chaos in our desert societies that is ruled
by uncivilized and different tribal laws.
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