Why Egyptian law must be the law governing our divorce?

1- Both of us till this point are not Dutch citizens yet.

2- We lived within a bond of marriage for 9 years in Egypt versus only 6 years in the Netherlands.
3- Our children that are the hart of this marriage, are and will be Egyptian citizens for years to come till they
are old enough to decide with which nationality they will go.

Why Dutch law cannot be the law governing our divorce?

A- Our marriage can not be registered in Dutch law:
1. Our marriage was a religious ceremony, never a civil ceremony:

Article 1:68 of Dutch Civil Law: Religious ceremonies

No religious ceremonies may take place before the parties have shown to the foreman of the religious service that the
marriage has been contracted before a Registrar of Civil Status.

2. As Muslims, we do not marry according to any human law, we marry according to Allah’s
Islamic “Sharia”, which is the Quran and Islamic law.
https://www.brides.com/nikkah-ceremony-5079931#:~:text=With%20more%20than%201.9%20billion,families
%2C%20sects%2C%20and%20cultures.

https://en.wikipedia.org/wiki/Islamic_marital_jurisprudence

Article 1:64 of Dutch Civil Law: Marriage contracted outside the town hall
If one of the parties on account of a properly proven statutory hindrance is prevented to go to town hall, then the
marriage may be contracted in a particular house within the same municipality, provided it is contracted in the presence
of six adult witnesses.

3. Muslim Marriage Vows are religious vows according to which Muslims get married:
With more than 1.9 billion Muslims around the world, what makes this tradition so special is that the
fundamentals of the Nikah are always the same, even though the traditions followed at a wedding can
differ greatly depending on families, sects, and cultures.

For instance, though the Nikah ceremony traditionally takes place in a mosque, with the leader or
imam of the mosque officiating the ceremony, today, it is common to have the Nikah either at a venue
or at the bride’s house. 
Article 1:30 Statutory rules have only effect for the civil relationship between the spouses
- 1. A marriage may be entered into by two persons of a different or of the same gender (sex).
- 2. The law considers a marriage only in its legal civil relationships.

Islamic Marriage Vows: I, [bride's name], offer you myself in marriage in accordance with the
instructions of the Holy Quran and the Holy Prophet, peace and blessing be upon him. I pledge, in
honesty and with sincerity, to be for you an obedient and faithful wife.

https://www.theknot.com/content/muslim-wedding-vows#:~:text=I%2C%20%5Bbride's%20name%5D%2C,an
%20obedient%20and%20faithful%20wife

4. Who performed our Marriage:

Our marriage was performed and contracted in a Muslim Mosque by a freelancer licensed to
perform the marriages in Egypt and report them to Civil Authorities to recognize and then
register. The freelancer is not of a civil status and is not a civil employee.
https://www.elmathoon.com/2019/02/elmathoon.html

https://www.elmathoon.com/2020/01/Conditions-for-authorized-authorization.html

Article 1:70 of Dutch Civil Law: Annulment because of an unauthorized Registrar or a

shortage of witnesses
- 1. At the request of one of the spouses' parents, of one of the spouses or of the Public Prosecution Service a marriage
may be annulled when it has been contracted before an unauthorized Registrar of Civil Status or without the required
number of witnesses being present.
- 2. The right of a spouse to apply for an annulment of marriage on the ground mentioned in paragraph 1 ceases to exist if
there is an external appearance of marital status and a certificate of contracting the marriage executed before a Registrar
of Civil Status.

5. Where was our marriage performed:

Our marriage was performed and contracted in a Muslim Mosque which is a place of Muslim
religious worship. It is not a Municipal place, not a governmental place nor a house.

Article 1:63 of Dutch Civil Law: Place where the marriage is contracted and the required
witnesses:
The marriage shall be contracted in public in the town hall before the Registrar of Civil Status in the presence of at least
two and at the most four adult witnesses:
a. in the municipality of the place of domicile of one of the prospective spouses at the date of the certificate of notice of
marriage, or
b. in the municipality of The Hague in the event meant Article 1:43 paragraph 1, second sentence, or
c. in the municipality pointed out for this purpose by the prospective spouses when they formally gave notice of their
marriage.

6. Our marriage is invalid according to Dutch law.

At the time our Marriage was performed, it was a Polygamous Marriage with the knowledge
and acceptance of the wife, her family, and the Marriage Witnesses:

Article 1:33 of Dutch Civil Law: Monogamy

A person may only be united in marriage with one other person at the same time.

In Dutch law, A judge can annul a marriage for one of the following reasons:

 one of the parties was already married;

 Article 1:69 Persons who may apply for an annulment of marriage

- 1. As far as not specified differently below, the annulment of a marriage on the ground that
the spouses do not meet the requirements to enter into a marriage with each other, may be
requested by:
a. the blood relatives in the ascending line of one of the spouses;
b.  each of the spouses;
c. all other persons having an immediate legal interest in the annulment of the marriage, but
they may only make such a request after the dissolution of the marriage;
d. the Public Prosecution Service, yet only as long as the marriage has not been dissolved.
 - 2. A person still united in a marriage or in a registered partnership with one of the spouses,
may as well, on account of the existence of that marriage or registered partnership, apply for
the annulment of the later contracted marriage.

https://www.government.nl/topics/divorce-separation-and-ending-a-civil-partnership/
arranging-a-divorce-legal-separation-or-ending-a-civil-partnership/applying-for-a-marriage-to-
be-annulled

Whereas polygamous marriage marriages are allowed in Egypt and are legal.

All what I wrote above is very evident in our ORIGINAL marriage certificate that is in my possession
and can be translated.

Residency in the Netherlands after divorce

Do you not hold Dutch citizenship? Are you living in the Netherlands with a verblijfsvergunning
(residence permit) obtained through your relationship? If so, your residence permit may expire
if you get divorced.

Do you wish to continue living in the Netherlands after your divorce or ending of your civil
partnership? Then you need to apply for a new residence permit or change your residence
purpose. Do you hold citizenship of a Member State of the European Union (EU) or the
European Economic Area (EEA)? Then you do not need to apply for a residence permit.

Do you want to change your residence purpose? Then contact the Immigratie- en Naturalisatie
Dienst – IND (Immigration and Naturalisation Service).

https://www.government.nl/topics/divorce-separation-and-ending-a-civil-partnership/arranging-a-
divorce-legal-separation-or-ending-a-civil-partnership/divorcing-a-foreign-citizen-in-the-netherlands