EGYPTIAN INTERRELIGIOUS LAW: PUBLIC POLICY OR SHARIE'A DOMINION?

Autor: 'ARAFA, MOHAMED
Předmět:
Zdroj: Dartmouth Law Journal; Spring2023, Vol. 21 Issue 1, p1-21, 21p
Abstrakt: Egypt has preserved the Islamic system of interreligious law under which Muslim, Christian, and Jewish societies are each governed by their own courts and their own laws. Over the course of the 20th century, however, these separate courts were abolished, and the application of non-Muslim laws was limited to matters of marriage and divorce, and even then, only if the non-Muslim spouses shared the rite and sect of the same religion. In all other cases, Islamic law (Sharie'a) applies. In addition, non-Muslim laws may not be applied if they infringe on Egypt's 'public policy,' which includes principles that are indispensable in Islamic law. This Article will analyze the status of the non-Muslim Egyptian in modern 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 argue that public policy serves as a legal barometer of the coexistence between Muslim and non-Muslim communities in Egypt. [ABSTRACT FROM AUTHOR]
Databáze: Complementary Index