PUBLIC POLICY AND ISLAMIC LAW: THE MODERN DHIMMĪ IN CONTEMPORARY EGYPTIAN FAMILY LAW

2001 ◽  
Vol 8 (1) ◽  
pp. 88-136 ◽  
Author(s):  
Maurits Berger
Keyword(s):  
Public Policy ◽  
Twentieth Century ◽  
Islamic Law ◽  
Family Law ◽  
Case Law ◽  
Legal Order ◽  
Jewish Communities ◽  
Legal Literature ◽  
The Status ◽  
Muslim Communities

AbstractEgyptian 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.

scholarly journals Status dan Hak Anak Tak Sah Islam dalam Undang-Undang di Malaysia

2018 ◽  
Vol 10 (3-4) ◽  
Author(s):  
Zanariah Noor
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Civil Law ◽  
Birth Certificate ◽  
Biological Father ◽  
Self Identity ◽  
Illegitimate Child ◽  
Content Analysis Method ◽  
The Status ◽  
Islamic Family Law

Illegitimate child refers to a child conceived during sexual intercourse outside of wedlock. The jurists have different views regarding the gestation period of pregnancy that affects the legitimacy status of the child. The objective of this article is to analyze the different views of the jurists regarding the status as well as rights of the illegitimate child in Islam and current religious ruling implemented in Malaysia. This article also analyzes the rights of the illegitimate child towards a personal identity that involved lineage that effects on how his/her name and surname will be stated on birth certificate according to the Islamic and civil law in Malaysia. Issues on custody, maintenance, marriage guardianship of the illegitimate child and his/her relation with biological father that married to his / her mother will also be discussed according to the opinions of the jurists as well as Islamic family law in Malaysia. This study utilized content analysis method on discussions put forward by the jurists in authoritative jurisprudence books as well as contemporary jurisprudence books and law provisions that are provided in Islamic and civil law implemented in Malaysia to date. The findings show that Islamic family law protects rights of the illegitimate child in terms of self-identity (lineage), custody, maintenance and marriage guardianship. However, the issue regarding the surname of the illegitimate child was raised in Civil Court, arguing that he/she should be allowed to be named to his/her biological father who had married the mother. This issue needs to be scrutinized. The amendment should be carried out so that matters related to the Muslims' personal laws are implemented according to the Islamic law.

The Reception Process in Austria and Switzerland

2008 ◽  
Author(s):  
Daniela Thurnherr
Keyword(s):  
Human Rights ◽  
Early Stage ◽  
Case Law ◽  
Legal Order ◽  
The Other ◽  
Council Of Europe ◽  
Starting Position ◽  
European Court ◽  
The Status ◽  
The Common

This chapter discusses the reception of the ECHR in Austria and Switzerland. Topics covered include the accession and ratification of the ECHR in both countries, the status of the ECHR in national law, an overview of the activity of the European Court of Human Rights, and the ECtHR's case law and its effects on the national legal order. Although both countries joined the ECHR at a relatively early stage, this starting position led to different outcomes. The main reason is because the common denominators of neutrality and federalism in these two countries are actually rather small: as Austria follows a very different concept of neutrality, it did not face any (political) difficulties before and during the ratification process. Switzerland, on the other hand, was very reluctant to join the Council of Europe and careful to avoid any concessions with regard to neutrality.

scholarly journals Reformasi hukum keluarga di dunia Muslim

2014 ◽  
Vol 14 (1) ◽  
pp. 1
Author(s):  
Ahmad Bunyan Wahib
Keyword(s):  
Twentieth Century ◽  
Islamic Law ◽  
Family Law ◽  
Social Economy ◽  
Muslim World ◽  
Law Reform ◽  
The Reformation ◽  
Islamic Family Law ◽  
Politics And Law

This article discusses about the history and the development of family law reform in Muslim countries.This work has taken a lot benefits from Anderson’s works on Islamic law in the Muslim world for bothdata and perspective. Islamic family law reform started from the second decade of twentieth century(1915) with the issuance of two Ottoman Caliph decrees on wife rights to ask religious court to divorcethem from their husband. This reform was followed by Sudan (starting from 1916), Egypt (1920),Jordan (1951), Syria (1953), Tunisia (1956/1959), Morocco (1958), Iraq (1959), Pakistan (1961) and Iran(1967). The reformation aims to administrate the members of community in the filed of social,economy, politics, and law. From the perspective of modernization, Islamic family law reform inMuslim countries has shown the process of modernization from above.

La place de la coutume internationale en droit public français

2013 ◽  
Vol 12 (2) ◽  
pp. 267-271 ◽  
Author(s):  
Bernard Stirn
Keyword(s):  
International Law ◽  
Case Law ◽  
Public Law ◽  
Legal Order ◽  
Constitutional Court ◽  
International Treaty ◽  
Public International Law ◽  
Customary International Law ◽  
The Status

Abstract Bernard Stirn’s presentation examines the status of international custom in French public law. He notes that international custom may be considered as covered by the reference in the preamble of the Constitution to the rules of public international law. He underlines the increased effects of international custom in the French domestic legal order as enshrined in the latest developments of the case-law of the Conseil d’Etat. He stresses that whilst French administrative judges may set aside a law in the event of a conflict with the provisions of an international treaty, they do not possess a similar power in the case of a conflict with a rule of customary international law. He concludes by citing cases in which the French constitutional court has made reference to international custom.

Secularizing Interreligious Law in Egypt

2005 ◽  
Vol 12 (3) ◽  
pp. 394-418 ◽  
Author(s):  
Maurits Berger
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Legal Doctrine ◽  
Jewish Communities ◽  
Legal Reforms ◽  
The Individual ◽  
Religious Nature

AbstractAmong 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.

scholarly journals THE CONTRIBUTION OF THE ISLAH MOVEMENT TO THE DEVELOPMENT OF NATIONALISM AND ISLAMIC EDUCATION IN PRE-INDEPENDENT MALAYSIA

2019 ◽  
Vol 2 (7) ◽  
pp. 12-23
Author(s):  
Hafiz Zakariya
Keyword(s):  
Twentieth Century ◽  
Islamic Law ◽  
Status Quo ◽  
Islamic Education ◽  
Religious Institutions ◽  
Malay Peninsula ◽  
Early Twentieth Century ◽  
The Status ◽  
Short And Long Term

The advent of the Islah movement in Malay Peninsula during the early twentieth century challenged the status quo and the existing political and religious institutions. It created a major controversy and tension between the reformists and those supporting the existing order. Consequently, some Muslims were suspicious of the reformists. This was primarily due to their non-adherence to the Shafi’i school of Islamic law, which was adopted by the majority of Muslims not only in Malay Peninsula, but the Nusantara in general. Amid such controversy, some people overlook and even dismiss the contribution of the reformists. Therefore, this article re-examines both the short and long-term contribution of the Islah movement to Malay society.

scholarly journals Jointly acquired property of a working wife: A legal analysis from 'Urf perspective

2021 ◽  
Vol 5 (S4) ◽  
Author(s):  
Masyitah Mohd Zainon ◽  
Marina Abu Bakar ◽  
Saad Gomaa Gomaa Zaghloul ◽  
Nur Sarah Tajul Urus ◽  
Mus’ab Mohd Yusoff ◽  
...  
Keyword(s):  
Content Analysis ◽  
Data Analysis ◽  
Qualitative Study ◽  
Private Property ◽  
Islamic Law ◽  
Family Law ◽  
Legal Analysis ◽  
The Status ◽  
Descriptive Approach

In Malaysia, jointly acquired property has been recognized due to divorce, polygamy, or death. Section 122 of the Islamic Family Law Enactment (State of Kedah Darul Aman) 2008, clearly provides the jurisdiction of Court in division of jointly acquired property. Disputes arose between Muslim’s scholars on the status of property of a working wife whether it can be regarded as a private property or jointly acquired property.  Nowadays, it seems that the domestic contributions for a living are attributed to the property of the working wife. These contributions include the purchase of house, car, and expenses in upbringing the children. Therefore, the objective of this study is to identify the classification of property of the working wives and the condition of jointly acquired property that can be claimed by the husband from Islamic perspective and subsequently analyse the custom recognition on it. This study is a qualitative study in which data is collected from Islamic law books and legal sources. Data analysis completed by applying content analysis methods through a descriptive approach. The findings indicated that the custom (‘urf) recognized the classification of property of a wife to be accepted as jointly acquired property.

The Role of Personal Statutes in Social Development in Islamic Countries

1971 ◽  
Vol 13 (1) ◽  
pp. 16-31 ◽  
Author(s):  
J. N. D. Anderson
Keyword(s):  
Social Development ◽  
Islamic Law ◽  
Family Law ◽  
Family Relations ◽  
Social Conditions ◽  
Muslim Country ◽  
The Family ◽  
The Subject ◽  
Muslim Communities

I take it that this title, which was not of my devising, is intended to cover the contribution that the series of partial or comparatively comprehensive codifications of the law of personal status, which have appeared in recent years in one Muslim country after another, has played or might play in the development of social conditions in general, and of family relations in particular, in the area concerned. But I shall confine my remarks in this paper to those legislative enactments which codify or restate principles of family law which are, or profess to be, specifically Islamic, whether they are applicable to Muslims alone or to those of more than one religion, rather than make any attempt to deal with the family law peculiar to one or another of the non-Muslim communities–partly because any comprehensive consideration of the latter would be too wide and detailed a task for such a paper as this, partly because each of these other systems of law is of comparatively restricted application, and partly because it is the Islamic law which has been the subject of my own specialist study.

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