Public Policy and Islamic Law
The Modern Dhimmī in Contemporary Egyptian Family Law
Bibliographic Data
| ID | 12192534 |
|---|---|
| Authors | Maurits Berger (0000-0002-6075-0984, corresponding author) |
| Year | 2001 |
| Volume | 8 |
| Issue | 1 |
| Pages | 88-136 |
| Publication date | 2001-01-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Islamic Law and Society (JOURNAL) |
| Journal identifiers | ISSN: 0928-9380 • E-ISSN: 1568-5195 |
| Publisher | Brill (PUBLISHER • NL) |
| DOI | 10.1163/156851901753129683 |
| OpenAlex | W2086010206 |
| Language | EN |
| Citations received | 18 |
| References cited | 4 |
Egyptian law has maintained the Islamic system of interreligious law in which the Muslim, Christian and Jewish communities are governed by their own courts and their own laws. In the course of the twentieth century, however, these separate courts were abolished and the application of non-Muslim laws was restricted to matters of marriage and divorce, and then only if the non-Muslim spouses share the rite and sect of the same religion. In all other cases Islamic law applies. In addition, non-Muslim laws may not be applied if they violate Egyptian "public policy", a European concept which refers to the fundamentals of a national legal order. Egyptian public policy can be defined as those principles which are essential in Islamic law. In this article I analyse the status of the non-Muslim Egyptian in contemporary personal status law, based on Egyptian case law and legal literature. The concept of public policy plays a key role in understanding the mechanics of interreligious law in Egypt. I will argue that public policy serves as a legal barometer of the coexistence between Muslim and non-Muslim communities in Egypt
Chinese law · Comparative law · Islam · Israeli law · Judaism · Marriage law · Municipal law · Political science · Public law · Religious Law · Sect · Sharia · Sociology · Theology · Archaeology and Historical Studies · Islamic Finance and Banking Studies · Islamic Studies and History · Law · Philosophy
Religious Minorities in the Middle East
Apostasy and Public Policy in Contemporary Egypt
The Coptic divorce struggle in contemporary Egypt
What Is Islamic Law
The Role of Intellectual Islamic Heritage in the Discourse of Modern Islamic Philosophy
Secular Governance and Islamic Law
From the Liberation of Women to the Liberation of Men? A Century of Family Law Reform in Egypt
Non-Muslims in the Qanun Jinayat and the Choice of Law in Sharia Courts in Aceh
Islamic Law and Freedom of Religion
Discours contemporains autour de la conversion
Islam and Dormant Citizenship
Contextual Citizenship in Modern Islamic Thought
Communal identity, political Islam and family law
Emerging Christian Media in Egypt
Managing Religion and Renegotiating the Secular
Secularism, Sovereignty, Indeterminacy
Law, the State, and Public Order
Sectarian conflict and family law in contemporary Egypt
| Unique citing works | 18 |
|---|---|
| Citations per year | 0,78 |
| Citation span | 2003 - 2022 (20) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 18 |