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作者 Moussa, Jasmine
書名 Competing Fundamentalisms and Egyptian Women's Family Rights : International Law and the Reform of Shari'a-Derived Legislation
出版項 Leiden : BRILL, 2011
©2011
國際標準書號 9789004203105 (electronic bk.)
9789004203099
book jacket
版本 1st ed
說明 1 online resource (320 pages)
text txt rdacontent
computer c rdamedia
online resource cr rdacarrier
系列 Brill's Arab and Islamic Laws Ser. ; v.4
Brill's Arab and Islamic Laws Ser
附註 Intro -- Contents -- Acknowledgements -- Preface -- List of Cases -- List of Treaties and Declarations -- List of Egyptian Legislation -- Introduction -- Defining Personal Status Law -- Defining Women's International Human Rights Law -- 1. The Human Rights of Women in a Specific Cultural Context -- Theoretical Framework: Situating the Study in the Wider Debate -- The Human Rights of Women:The Polemics of Universalism and Cultural Relativism -- Feminist Theory and Women's International Human Rights Law -- Different Feminisms and the Promotion of Egyptian Women's Equality Rights -- 2. The Sources of International Women's Rights Law and International Enforcement Mechanisms -- International Treaties -- Customary International Law -- Soft Law -- Special Issues Arising from the Prohibition of Gender Discrimination -- Non-Discrimination in Family Relations -- Non-Discrimination and Domestic Violence -- International Enforcement of Women's Equality Rights -- Charter-based Mechanisms and the Protection of Women's Equality Rights -- The CEDAW Committee -- 3. The Prohibition of Discrimination under CEDAW and the Role of the CEDAW Committee -- Interpreting Obligations under the CEDAW -- The Precise Scope of the Gender Non-Discrimination Norm under CEDAW -- Measures to Eliminate Discrimination under CEDAW -- States' General Undertakings: Progressive or Immediate Obligations? -- The Nature of Egypt's Obligations under CEDAW -- Legislating against Discrimination and Providing Legal Remedies -- Preventing Discrimination by Non-State Actors -- The Obligation to Influence Cultural Attitudes -- The Compliance-Inducing Role of the CEDAW Committee -- 4. Shari'a-based Reservations: The Law and Politics of Invalidity -- Reservations to the CEDAW -- The Traditional Approach to Reservations to Multilateral Treaties -- The Development of the Current Reservations Regime
The Genocide Convention Advisory Opinion -- The Vienna Convention's Reservations Regime -- Towards a New Reservations Regime? -- Jurisprudence of the Regional Human Rights Mechanisms -- The UN Treaty-Monitoring Bodies -- The Specific Custom within the CEDAW Committee -- Egypt's Reservations to the CEDAW -- The Incompatibility of Egypt's Reservations with the 'Object and Purpose' of CEDAW -- The Subjectivity of the 'Object and Purpose' Test -- Are Egypt's Reservations Severable? The CEDAW Committee's Activism and the Progressive Development of International Law -- Other International Obligations -- 5. Shari'a Law and the Development of Egypt's Personal Status Legislation -- Introduction to Shari'a Law: The Sources of Islamic Jurisprudence and the Rise of Taqlid Law -- The Development of Egypt's Personal Status Law: Legislating the Shari'a -- The Role and Jurisprudence of the Shari'a Courts -- Codification and the Rise of Legal Modernism -- Personal Status Law Reform in the 20th and 21st Centuries -- 6. Gender (In)Equality and the Shari'a in Egypt's Constitution: The Role of the Supreme Constitutional Court -- Gender Equality in Egypt's Constitution -- Positioning International Law within the Hierarchy of Legal Sources -- The Supreme Constitutional Court's Jurisprudence -- The SCC's Adjudicative Role and the Endorsement of Ijtihad -- Appraising the Role of the SCC -- 7. Marriage, Divorce and Inheritance: Unequal Power Structures and Women's Equality Rights -- The Same Right to Enter into Marriage -- The Same Right Freely to Choose a Spouse and to Enter into Marriage with Their Free and Full Consent -- Minimum Marriage Age -- Marriage Registration -- Guardianship in Contracting a Marriage -- Return of a Husband Who Is Missing or Assumed Dead -- The Same Rights and Responsibilities during Marriage -- The Husband's Maintenance of the Wife
Obedience of the Wife to Her Husband -- Violence against Women and the Husband's Right to Discipline the Wife -- Polygyny: The Husband's Right to Marry Polygamously -- The Same Rights As Parents -- The Same Rights and Responsibilities with Regard to Guardianship and Wardship -- Guardianship of Children and Maintenance (Child Support) -- Child Custody -- The Same Rights and Responsibilities upon the Dissolution of Marriage -- Unilateral Divorce (Talaq) by the Husband -- Unilateral Divorce through Delegation (Isma) -- Judicial Divorce (Tatlıq) -- Khul Divorce -- Post-Divorce Financial Rights -- Equal Rights in Respect of the Ownership, Acquisition, Management, Administration, Enjoyment and Disposition of Property -- The Wife's Full Right to Own and Dispose of Property -- Inheritance (Succession) -- The Way Forward in the Area of Legislative Reform -- 8. The Positive Prospects for Personal Status Law Reform: Two Steps Forward -- Changing Interpretations in a Changing Society -- Evidence for Judicial Khul in the Quran and Sunnah -- Khul in the Four Sunni Jurisprudential Schools -- Khul As Envisioned in Article 20 -- Debating Khul in the People's Assembly -- Arguments against the Current Formulation of Article 20 -- Arguments in Favour of the Current Formulation of Article 20 -- Explanatory Memorandum to Law No. 1 of 2000 -- 9. Domestic Enforcement of Women's Human Rights -- The Challenges Confronting Domestic Enforcement -- Judicial Conservatism -- The Mixed Impact of Non-Governmental Feminist Organisations -- Religious Conservatism and Resistance to Women's Equality Rights -- The Prevalence of Patriarchal Social Attitudes -- Women's Lack of Awareness of Their Own Rights -- The Interplay between Domestic and International Mechanisms -- Conclusion -- The Way Forward -- Select Bibliography -- Index
The debate surrounding womens family rights under Shara-derived law has long been held captive to the competing fundamentalisms of universalism and cultural relativism. These two conflicting perspectives fail to promote practical tools through which such laws can be reformed, without prejudice to their religious nature. This book examines the development of Egypts Shara-derived family law, and its compatibility with international obligations to eliminate discrimination against women. It highlights the interplay between domestic reform processes, grounded in the tools of takhayyur, talfiq and ijtihad, and international institutions and mechanisms. In attempting to reconcile these two seemingly dissonant value systems, this book underscores the shortcomings of Egypts legislation, proposes particular reforms, while simultaneously presenting alternatives to insular interpretations of international womens rights law
Description based on publisher supplied metadata and other sources
Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2020. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries
鏈接 Print version: Moussa, Jasmine Competing Fundamentalisms and Egyptian Women's Family Rights : International Law and the Reform of Shari'a-Derived Legislation Leiden : BRILL,c2011 9789004203099
主題 Women - Legal status, laws, etc - Egypt
Electronic books
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