Implementing the Law of khulʿ in Egypt
Tensions and Ambiguities in Muslim Family Law
Bibliographic Data
| ID | 6147589 |
|---|---|
| Authors | Monika Lindbekk (0000-0002-1284-9357, Lund University, corresponding author) |
| Year | 2020 |
| Volume | 18 |
| Issue | 2-3 |
| Pages | 265-294 |
| Publication date | 2020-10-28 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Hawwa (JOURNAL) |
| Journal identifiers | ISSN: 1569-2078 • E-ISSN: 1569-2086 |
| Publisher | Brill (PUBLISHER • NL) |
| DOI | 10.1163/15692086-12341379 |
| OpenAlex | W3022987693 |
| Language | EN |
| Citations received | 2 |
| References cited | 27 |
This article aims to contribute to the growing scholarly literature on the implementation of shariʿa-based family law codes by describing and analyzing the gender implications of religiously inspired judicial activism in relation to judicial divorce through khulʿ . The article highlights two functions played by family court judges and other legal professionals. First, I argue that Egyptian family court judges and other court personnel, such as court experts and court-appointed arbiters from al-Azhar, enjoy considerable discretion in interpreting and implementing the personal status codes. Second, the article argues that legal professionals sometimes use the court and other legal spaces as a platform to articulate alternative visions of family and marriage, as well as to voice anxieties over a perceived increase in female-initiated divorce. The article situates these contradictory practices against the background of the contestation of early twenty-first-century reforms, which challenged male authority in the family, in particular the 2000 law of judicial khulʿ
Discretion · Family law · Judicial discretion · Judicial review · Political science · Precedent · Sociology · Supreme court · Vision · Islamic Studies and History · Law · Marriage and Sexual Relationships · Multiculturalism, Politics, Migration, Gender
Inscribing Islamic Shari‘a in Egyptian Divorce Law
State Law as Islamic Law in Modern Egypt
Contingency in a Sacred Law
Soft Force: Women in Egypt's Islamic Awakening
Parental Care and the Best Interests of the Child in Muslim Countries
An Introduction to Islamic Law
Women, Family, and Gender in Islamic Law
Formations of the Secular
Dissolution du mariage et résolution nonjuridictionnelle des conflits conjugaux en Égypte
Judicial Activism in the Context of the 2011 Egyptian Revolution
Khulʿ Divorce in Egypt
Filling Gaps in Legislation
The Tort of Injury and Dissolution of Marriage at the Wife's Initiative in Egyptian Mahkamat al-Naqd Rulings
Contingency in a Sacred Law. Legal and Ethical Norms in the Muslim Fiqh
Women’s rights activism in post-Jan25 Egypt
Egyptian Family Courts
Breaking Up the Family
A Revolution in Muslim Family Law? Egypt’s Pre- and Post-Revolutionary Period (2011-2013) Compared
Women and Muslim Family Laws in Arab States
For Better, For Worse
Double-Thinking and Contradictory Arrangements in Iranian Law and Society
Remaking the Modern
What Is Islamic Law
Sectarian conflict and family law in contemporary Egypt
Ethics, tradition, authority
A tale of two courts
Secularism, Sovereignty, Indeterminacy
| Unique citing works | 2 |
|---|---|
| Citations per year | 0,5 |
| Citation span | 2022 - 2026 (5) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 2 |