Die Reform der Loskaufscheidung (ḫulʿ): Lehren aus Saudi-Arabien
In 2000, the Egyptian state introduced a new law that granted women the right to file for unilateral khulʿ divorce, a step that resulted in huge controversy inside and outside the country. In Saudi Arabia, a similar development had taken place before the Egyptian reform, however, without any noticea...
| Main Author: | |
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| Format: | Electronic Article |
| Language: | German |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Interlibrary Loan: | Interlibrary Loan for the Fachinformationsdienste (Specialized Information Services in Germany) |
| Published: |
[2020]
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| In: |
Die Welt des Islams
Year: 2020, Volume: 60, Issue: 4, Pages: 408-432 |
| Further subjects: | B
Saudi Arabia
B Divorce law B Islamic legal reform B Fiqh B ʿulamāʾ B Islamic legal practice |
| Online Access: |
Volltext (Verlag) Volltext (doi) |
| Summary: | In 2000, the Egyptian state introduced a new law that granted women the right to file for unilateral khulʿ divorce, a step that resulted in huge controversy inside and outside the country. In Saudi Arabia, a similar development had taken place before the Egyptian reform, however, without any noticeable interference by the state. Today, Saudi Arabia is the last Arab country without a comprehensive codification of the law. Instead of applying written state laws, Saudi family courts derive their judgments from Islamic jurisprudence (fiqh). This article examines how Saudi Islamic scholars (ʿulamāʾ) have reinterpreted the traditional Islamic understanding of khulʿ divorce and thereby enabled women to divorce against their husbands’ will. Subsequently, the article shows how Saudi courts presently apply this new understanding of khulʿ divorce in their judgments. |
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| ISSN: | 1570-0607 |
| Contains: | Enthalten in: Die Welt des Islams
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| Persistent identifiers: | DOI: 10.1163/15700607-00600A05 |