Can the Islamic Device of Khul' Provide a Remedy for non-Muslim Women in Egypt?

Can the Islamic Device of Khul' Provide a Remedy for non-Muslim Women in Egypt? Since the promulgation of Law 1 of 2000 which comprises provisions regu- lating a range of issues in family law, there has been considerable controversy and media debate surrounding one of these provisions, the introduction of the procedural regulation of the process of khul'.1 Critics of the law predicted that there would be an explosion in the number of applications for khul' and that this would lead to* the destruction of family life and the corruption of so- ciety. It is too early to judge what effect this law will have in the longer term, but these fears have not been borne out by case statistics so far. What was not predicted and was not the intention of the law, however, was that the system of khur would be seen as an opportunity for non-Mus- lim women to free themselves from intolerable marriages. Christians constitute the largest non-Muslim population in Egypt. It is dif- ficult to find reliable statistics regarding the number of Christians in Egypt but they probably constitute at least 10 per cent of the population and some sources suggest as much as 15 per cent. The great majority arc of the Coptic Ortho- dox Church,2 http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Yearbook of Islamic and Middle Eastern Law Online Brill

Can the Islamic Device of Khul' Provide a Remedy for non-Muslim Women in Egypt?

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Publisher
BRILL
Copyright
Copyright 2002 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1384-2935
eISSN
2211-2987
D.O.I.
10.1163/221129802X00102
Publisher site
See Article on Publisher Site

Abstract

Since the promulgation of Law 1 of 2000 which comprises provisions regu- lating a range of issues in family law, there has been considerable controversy and media debate surrounding one of these provisions, the introduction of the procedural regulation of the process of khul'.1 Critics of the law predicted that there would be an explosion in the number of applications for khul' and that this would lead to* the destruction of family life and the corruption of so- ciety. It is too early to judge what effect this law will have in the longer term, but these fears have not been borne out by case statistics so far. What was not predicted and was not the intention of the law, however, was that the system of khur would be seen as an opportunity for non-Mus- lim women to free themselves from intolerable marriages. Christians constitute the largest non-Muslim population in Egypt. It is dif- ficult to find reliable statistics regarding the number of Christians in Egypt but they probably constitute at least 10 per cent of the population and some sources suggest as much as 15 per cent. The great majority arc of the Coptic Ortho- dox Church,2

Journal

Yearbook of Islamic and Middle Eastern Law OnlineBrill

Published: Jan 1, 2001

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