Competing fundamentalisms and Egyptian women's family rights : international law and the reform of Shari'a-derived legislation / by Jasmine Moussa.
2011
KRM517.5 .M68 2011 (Map It)
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Details
Author
Title
Competing fundamentalisms and Egyptian women's family rights : international law and the reform of Shari'a-derived legislation / by Jasmine Moussa.
Published
Leiden ; Boston : Brill, 2011.
Call Number
KRM517.5 .M68 2011
Former Call Number
Eg 332 M867 2011
ISBN
9789004203099 (hbk. : alk. paper)
9004203095 (hbk. : alk. paper)
9004203095 (hbk. : alk. paper)
Description
xx, 300 pages ; 25 cm.
System Control No.
(OCoLC)708243831
Bibliography, etc. Note
Includes bibliographical references (pages [281]-294) and index.
Record Appears in
Table of Contents
Acknowledgements
xi
Preface
xm
List of Cases
xv
List of Treaties and Declarations
xvii
List of Egyptian Legislation
xix
Introduction
1
Defining Personal Status Law
4
Defining Women's International Human Rights Law
6
ch. One
The Human Rights of Women in a Specific Cultural Context
11
Theoretical Framework: Situating the Study in the Wider Debate
17
The Human Rights of Women: The Polemics of Universalism and Cultural Relativism
19
Feminist Theory and Women's International Human Rights Law
23
Different Feminisms and the Promotion of Egyptian Women's Equality Rights
25
ch. Two
The Sources of International Women's Rights Law and International Enforcement Mechanisms
33
International Treaties
34
Customary International law
36
Soft Law
41
Special Issues Arising from the Prohibition of Gender Discrimination
43
Non-Discrimination in Family Relations
43
Non-Discrimination and Domestic Violence
45
International Enforcement of Women's Equality Rights
48
Charter-based Mechanisms and the Protection of Women's Equality Rights
53
The CEDAW Committee
56
ch. Three
The Prohibition of Discrimination under CEDAW and the Role of the CEDAW Committee
61
Interpreting Obligations under the CEDAW
61
The Precise Scope of the Gender Non-Discrimination Norm under CEDAW
64
Measures to Eliminate Discrimination under CEDAW
70
States' General Undertakings: Progressive or Immediate Obligations?
71
The Nature of Egypt's Obligations under CEDAW
74
Legislating against Discrimination and Providing Legal Remedies
75
Preventing Discrimination by Non-State Actors
75
The Obligation to Influence Cultural Attitudes
76
The Compliance-Inducing Role of the CEDAW Committee
78
ch. Four
Sharia-based Reservations: The Law and Politics of Invalidity
85
Reservations to the CEDAW
86
The Traditional Approach to Reservations to Multilateral Treaties
88
The Development of the Current Reservations Regime
89
The Genocide Convention Advisory Opinion
90
The Vienna Convention's Reservations Regime
91
Towards a New Reservations Regime?
93
Jurisprudence of the Regional Human Rights Mechanisms
95
The UN Treaty-Monitoring Bodies
96
The Specific Custom within the CEDAW Committee
100
Egypt's Reservations to the CEDAW
103
The Incompatibility of Egypt's Reservations with the Òbject and Purpose' of CEDAW
104
The Subjectivity of the Òbject and Purpose' Test
107
Are Egypt's Reservations Severable? The CEDAW Committee's Activism and the Progressive Development of International Law
109
Other International Obligations
113
ch. Five
Sharia Law and the Development of Egypt's Personal Status Legislation
119
Introduction to Sharia Law: The Sources of Islamic Jurisprudence and the Rise of Taqlid Law
122
The Development of Egypt's Personal Status Law: Legislating the Sharia
126
The Role and Jurisprudence of the Sharia Courts
128
Codification and the Rise of Legal Modernism
131
Personal Status Law Reform in the 20th and 21st Centuries
134
ch. Six
Gender (In)Equality and the Sharia in Egypt's Constitution: The Role of the Supreme Constitutional Court
145
Gender Equality in Egypt's Constitution
146
Positioning International Law within the Hierarchy of Legal Sources
149
The Supreme Constitutional Court's Jurisprudence
153
The SCC's Adjudicative Role and the Endorsement of Ijtihad
153
Appraising the Role of the SCC
160
ch. Seven
Marriage, Divorce and Inheritance: Unequal Power Structures and Women's Equality Rights
163
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
165
Minimum Marriage Age
165
Marriage Registration
167
Guardianship in Contracting a Marriage
168
Return of a Husband Who Is Missing or Assumed Dead
171
The Same Rights and Responsibilities during Marriage
172
The Husband's Maintenance of the Wife
172
Obedience of the Wife to Her Husband
174
Violence against Women and the Husband's Right to Discipline the Wife
176
Polygyny: The Husband's Right to Marry Polygamously
179
The Same Rights As Parents; The Same Rights and Responsibilities with Regard to Guardianship and Wardship
183
Guardianship of Children and Maintenance (Child Support)
183
Child Custody
186
The Same Rights and Responsibilities upon the Dissolution of Marriage
190
Unilateral Divorce (Talaq) by the Husband
191
Unilateral Divorce through Delegation (Ìsma)
192
Judicial Divorce (Tatliq)
193
Khul' Divorce
194
Post-Divorce Financial Rights
197
Equal Rights in Respect of the Ownership, Acquisition, Management, Administration, Enjoyment and Disposition of Property
198
The Wife's Full Right to Own and Dispose of Property
198
Inheritance (Succession)
199
The Way Forward in the Area of Legislative Reform
208
ch. Eight
The Positive Prospects for Personal Status Law Reform: Two Steps Forward
211
Changing Interpretations in a Changing Society
213
Evidence for Judicial Khul' in the Quran and Sunnah
216
Khul' in the Four Sunni Jurisprudential Schools
217
Khul As Envisioned in Article 20
220
Debating Khul in the Peoples Assembly
221
Arguments against the Current Formulation of Article 20
223
Arguments in Favour of the Current Formulation of Article 20
226
Explanatory Memorandum to Law No. 1 of 2000
232
Procedural Reforms and the Establishment of the Family Court
233
ch. Nine
Domestic Enforcement of Women's Human Rights
239
The Challenges Confronting Domestic Enforcement
242
Judicial Conservatism
242
The Mixed Impact of Non-Governmental Feminist Organisations
245
Religious Conservatism and Resistance to Women's Equality Rights
253
The Prevalence of Patriarchal Social Attitudes
256
Women's Lack of Awareness of Their Own Rights
258
The Interplay between Domestic and International Mechanisms
260
Conclusion
265
The Way Forward
265
Select Bibliography
281
Index
295