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The Tort of Injury and Dissolution of Marriage at the Wife's Initiative in Egyptian Mahkamat al-Naqd Rulings

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In this essay, I examine the application of the codified sharī‘ a in Egyptian civil courts, drawing on the records of the Mahkamat al-Naqd from 1982. My examination is limited to the dissolution of marriage at the wife's initiative on the ground of injury (darar) caused to her by her husband. I have chosen to analyze this cause of action because of its shar‘ ī origins in Mālikī doctrine and its extensive treatment in parliamentary legislation, and because it exemplifies the broad judicial discretion used by Egyptian judges in the national courts, in their efforts to harmonize shar‘ ī and civil norms. By analyzing the Mālikī rules pertaining to the dissolution of marriage and the status of circumstantial evidence, as applied in the rulings of Mahkamat al-Naqd, I attempt to shed light on the judicial outlook of Egyptian judges with regard to both substantial and evidential questions.

10.1163/156851902753649261
/content/journals/10.1163/156851902753649261
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/content/journals/10.1163/156851902753649261
2002-04-01
2016-12-10

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