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  • Berger, Maurits  (2)
  • Middle Eastern, North African and Islamic Studies  (2)
Type of Medium
Publisher
Person/Organisation
  • Berger, Maurits  (2)
Language
Years
FID
  • 1
    Online Resource
    Online Resource
    Brill ; 2005
    In:  Islamic Law and Society Vol. 12, No. 3 ( 2005), p. 394-418
    In: Islamic Law and Society, Brill, Vol. 12, No. 3 ( 2005), p. 394-418
    Abstract: Among the fifteen recognized Muslim, Christian and Jewish communities in contemporary Egypt, nine religious family laws are applicable. There is no civil or secular marriage: the creed of the individual Egyptian determines which family law is applicable. The question as to which law applies when the spouses are of different religions is answered by the so-called interreligious rules that determine which law prevails. According to Egyptian legal doctrine, these interreligious rules are based on Islamic law and, in particular, the prevailing opinion of Hanafi legal doctrine. In this article it will be shown that the legal reforms of 1955 have created substantial changes, not of, but within the framework of Egyptian interreligious law. These developments illustrate how Egyptian law formally adheres to the legacy of Islamic law, but allows for new albeit unobtrusive interpretations of Islamic law that are of a secular rather than religious nature.
    Type of Medium: Online Resource
    ISSN: 0928-9380 , 1568-5195
    Language: Unknown
    Publisher: Brill
    Publication Date: 2005
    detail.hit.zdb_id: 2036948-7
    detail.hit.zdb_id: 1198417-X
    SSG: 2
    SSG: 6,23
    Library Location Call Number Volume/Issue/Year Availability
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  • 2
    Online Resource
    Online Resource
    Brill ; 2001
    In:  Islamic Law and Society Vol. 8, No. 1 ( 2001), p. 88-136
    In: Islamic Law and Society, Brill, Vol. 8, No. 1 ( 2001), p. 88-136
    Abstract: 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.
    Type of Medium: Online Resource
    ISSN: 0928-9380 , 1568-5195
    Language: Unknown
    Publisher: Brill
    Publication Date: 2001
    detail.hit.zdb_id: 2036948-7
    detail.hit.zdb_id: 1198417-X
    SSG: 2
    SSG: 6,23
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
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