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Shari'A Law And The Development Of Egypt’s Personal Status Legislation

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Chapter Summary

Although the Egyptian legal system is based on the monist tradition, many of the rights in question are no. self-executing by nature, and hence require the modification of national laws. Another complex issue, one that arises in many legal jurisdictions, is the position of religious law in the State's legal system. Egypt's current Constitution is a manifestation of the apparent conflict between women's equality rights, on the one hand, and traditional conceptions of family and gender roles, on the other. The inclusion of constitutional language that guarantees the protection of the family as a unit is not unique to Egypt's Constitution. The SCC's approach clearly departs from any purported moratorium imposed on reasoning or ijtihad, and from the practice of taqlid law that has arguably predominated law-making based on the Sharia for over ten centuries.

Keywords:Egyptian legal system; gender (in)equality; monist tradition; Sharia; Supreme Constitutional Court; taqlid law



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