Inscribing Islamic Shari‘a in Egyptian Divorce Law
Abstract As with other family law regimes, Muslim family law in Egypt plays an important role in shaping gender norms. In this article, I discuss adjudication by family courts during the period 2008-2013. I argue that the most important developments in this regard are: (1) standardisation of the way...
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| Language: | English |
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Scandinavian University Press
2016-01-01
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| Series: | Oslo Law Review |
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| Online Access: | https://www.idunn.no/oslo_law_review/2016/02/inscribing_islamic_sharia_in_egyptian_divorce_law |
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| author | Monika Lindbekk |
| author_facet | Monika Lindbekk |
| author_sort | Monika Lindbekk |
| collection | DOAJ |
| description | Abstract
As with other family law regimes, Muslim family law in Egypt plays an important role in shaping gender norms. In this article, I discuss adjudication by family courts during the period 2008-2013. I argue that the most important developments in this regard are: (1) standardisation of the way in which court rulings are written down, which contributed to a normalisation of the male-dominated nuclear family; and (2) the significant inclusion of Islamic sources in court rulings. A central question in this regard is how judges without a background in classical Islamic jurisprudence have applied the modern legal codes derived from shari‘a. I argue that a move towards greater standardisation of practice has taken place through a closer union between law and religious morality, with Quranic verses and the Sunna being used by judges in creative ways. Thus, shari‘a is continuously reinscribed in state law and its meaning construed in ways which differ from classical Islamic jurisprudence (fiqh). I also highlight the importance of key contextual factors, such as judicial training, time pressure, and the influence of computer technology, behind these developments. |
| format | Article |
| id | doaj-art-7aa4968007a449c096940fa9f7905e05 |
| institution | DOAJ |
| issn | 2387-3299 |
| language | English |
| publishDate | 2016-01-01 |
| publisher | Scandinavian University Press |
| record_format | Article |
| series | Oslo Law Review |
| spelling | doaj-art-7aa4968007a449c096940fa9f7905e052025-08-20T03:09:54ZengScandinavian University PressOslo Law Review2387-32992016-01-01310313510.5617/oslaw408118948693Inscribing Islamic Shari‘a in Egyptian Divorce LawMonika LindbekkAbstract As with other family law regimes, Muslim family law in Egypt plays an important role in shaping gender norms. In this article, I discuss adjudication by family courts during the period 2008-2013. I argue that the most important developments in this regard are: (1) standardisation of the way in which court rulings are written down, which contributed to a normalisation of the male-dominated nuclear family; and (2) the significant inclusion of Islamic sources in court rulings. A central question in this regard is how judges without a background in classical Islamic jurisprudence have applied the modern legal codes derived from shari‘a. I argue that a move towards greater standardisation of practice has taken place through a closer union between law and religious morality, with Quranic verses and the Sunna being used by judges in creative ways. Thus, shari‘a is continuously reinscribed in state law and its meaning construed in ways which differ from classical Islamic jurisprudence (fiqh). I also highlight the importance of key contextual factors, such as judicial training, time pressure, and the influence of computer technology, behind these developments.https://www.idunn.no/oslo_law_review/2016/02/inscribing_islamic_sharia_in_egyptian_divorce_lawEgyptshari‘agenderfamily lawmarriagedivorce |
| spellingShingle | Monika Lindbekk Inscribing Islamic Shari‘a in Egyptian Divorce Law Oslo Law Review Egypt shari‘a gender family law marriage divorce |
| title | Inscribing Islamic Shari‘a in Egyptian Divorce Law |
| title_full | Inscribing Islamic Shari‘a in Egyptian Divorce Law |
| title_fullStr | Inscribing Islamic Shari‘a in Egyptian Divorce Law |
| title_full_unstemmed | Inscribing Islamic Shari‘a in Egyptian Divorce Law |
| title_short | Inscribing Islamic Shari‘a in Egyptian Divorce Law |
| title_sort | inscribing islamic shari a in egyptian divorce law |
| topic | Egypt shari‘a gender family law marriage divorce |
| url | https://www.idunn.no/oslo_law_review/2016/02/inscribing_islamic_sharia_in_egyptian_divorce_law |
| work_keys_str_mv | AT monikalindbekk inscribingislamicshariainegyptiandivorcelaw |