Divorce and Remarriage of Orthodox Copts in Egypt: The 2008 State Council Ruling and the Amendment of the 1938 Personal Status Regulations

Divorce and Remarriage of Orthodox Copts in Egypt: The 2008 State Council Ruling and the... © Koninklijke Brill NV, Leiden, 2011 DOI: 10.1163/156851910X537829 Islamic Law and Society 18 (2011) 356-386 www.brill.nl/ils Islamic Law and Society Divorce and Remarriage of Orthodox Copts in Egypt: e 2008 State Council Ruling and the Amendment of the 1938 Personal Status Regulations Nathalie Bernard-Maugiron * Abstract In June 2008, the 1938 Personal Status Regulations for the Coptic Orthodox Church in Egypt were amended to limit the grounds for divorce to adultery and change of religion. is revision followed a ruling of the State Council requiring Pope Shenouda III, the head of the Coptic Orthodox Church, to grant a divorced Orthodox Copt a license to remarry. e amendments ended a long-standing conflict between the Egyptian national courts and the Coptic Orthodox Church regarding the effects of judicial divorce: prior to the revision, thousands of couples divorced before the courts were considered by the Church to be still married. However, by restricting the pos- sibilities for Orthodox Copts to obtain a divorce, the 2008 amendments may lead to an increase in conversions to other religious faiths to escape application of the revised 1938 regulations. In this essay, I analyze the 2008 amendments, the State Council ruling, landmark decisions of the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Islamic Law and Society Brill

Divorce and Remarriage of Orthodox Copts in Egypt: The 2008 State Council Ruling and the Amendment of the 1938 Personal Status Regulations

Islamic Law and Society, Volume 18 (3-4): 356 – Jan 1, 2011

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Publisher
Brill
Copyright
© 2011 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0928-9380
eISSN
1568-5195
DOI
10.1163/156851910X537829
Publisher site
See Article on Publisher Site

Abstract

© Koninklijke Brill NV, Leiden, 2011 DOI: 10.1163/156851910X537829 Islamic Law and Society 18 (2011) 356-386 www.brill.nl/ils Islamic Law and Society Divorce and Remarriage of Orthodox Copts in Egypt: e 2008 State Council Ruling and the Amendment of the 1938 Personal Status Regulations Nathalie Bernard-Maugiron * Abstract In June 2008, the 1938 Personal Status Regulations for the Coptic Orthodox Church in Egypt were amended to limit the grounds for divorce to adultery and change of religion. is revision followed a ruling of the State Council requiring Pope Shenouda III, the head of the Coptic Orthodox Church, to grant a divorced Orthodox Copt a license to remarry. e amendments ended a long-standing conflict between the Egyptian national courts and the Coptic Orthodox Church regarding the effects of judicial divorce: prior to the revision, thousands of couples divorced before the courts were considered by the Church to be still married. However, by restricting the pos- sibilities for Orthodox Copts to obtain a divorce, the 2008 amendments may lead to an increase in conversions to other religious faiths to escape application of the revised 1938 regulations. In this essay, I analyze the 2008 amendments, the State Council ruling, landmark decisions of the

Journal

Islamic Law and SocietyBrill

Published: Jan 1, 2011

Keywords: PERSONALITY OF LAWS; NON-MUSLIMS; EGYPT; UNIFIED PERSONAL STATUS LAW FOR NON-MUSLIMS; REMARRIAGE; CONVERSION; ORTHODOX COPTS; CONFLICT RULES; DIVORCE; 1938 COPTIC ORTHODOX PERSONAL STATUS REGULATIONS

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