Gender Justice and Legal Reform in Egypt

Gender Justice and Legal Reform in Egypt
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In Egypt's modern history, reform of personal status laws has often formed an integral part of political, cultural, and religious contestations among different factions of society. From the beginning of the twenty-first century, two significant reforms were introduced in Egyptian personal status laws: women's right to petition for no-fault judicial divorce law (khul') and the new mediation-based family courts. <em>Legal Reform and Gender Justice</em> examines the interplay between legal reform and gender norms and practices. It examines the processes of advocating for, and contesting the khul' and new family courts laws, shedding light on the agendas and strategies of the various actors involved. It also examines the ways in which women and men have made use of these legal reforms; how judges and other court personnel have interpreted and implemented them; and how the reforms may have impacted women and men's understandings, expectations, and strategies when navigating marriage and spousal roles. Drawing on an extensive four-year field study, Al-Sharmani highlights the complexities and mixed impacts of legal reform, not only as a mechanism of claiming gender rights but also as a system of meanings that shape, destabilize, or transform gender norms and practices.

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Mulki al-Sharmani. Gender Justice and Legal Reform in Egypt

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GENDER JUSTICE AND LEGAL REFORM IN EGYPT

Negotiating Muslim Family Law

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In this research, another important domain where we investigate the role and relevance of family law is the marriage norms and practices of ordinary women and men from different walks of life. Hence, the third aim of this book is to investigate the function and significance of family law in general, and the researched legal reforms in particular, for selected Egyptian women and men as they navigate marriage and negotiate the terms of their marital roles and rights. This research also shows the disconnect between the legal script of spousal roles and actual marriage practices on the ground. Husbands are often not the sole providers and in some cases do not even provide. In addition, women, whether single or married, often play vital economic roles in their families. Marriage remains a desired goal for many women and men for multifaceted reasons, but it is surrounded with a lot of anxieties. Tensions around marriage are shaped by the economic hardships of daily life and the high costs of marriage, on the one hand, and the incongruence between the legal construction of spousal roles and the shifting realities of marital roles on the ground, on the other hand. The legal reforms that were introduced since 2000 were present in the lives of the researched women not only when some of these interlocutors resorted to the court for particular claims but also as a contested normative discourse on spousal roles and rights. The perspectives and attitudes of the women and men toward the new laws were mixed and complex due to three broad factors: the impact of some of these laws (for example, khul‘) on power relations between spouses; the political process through which the laws were introduced; and the religious genealogy and significance of family law. Still, and despite the changing realities of spousal roles and the significance of some of the new laws such as khul‘, the ideology of inherent gender hierarchies, which is premised on the notion of qiwamah and underlying assumptions about men’s and women’s nature and roles, remained a dominant discourse.

Reform Trajectories and Challenges: Historical Contexts

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