Islamic Law, Unitary State Law, and Communal Law: Divorce and Remarriage in Egypt’s Coptic Community
Abstract Egypt’s Coptic community is currently appealing to different legal jurisdictions in the struggle over divorce and remarriage. While the Coptic Orthodox Church is claiming the right, based on Islamic law, to apply its own communal law for marriage, others are calling on the church to reinter...
| Main Author: | |
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| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
2020
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| In: |
Exchange
Year: 2020, Volume: 49, Issue: 3/4, Pages: 215-236 |
| IxTheo Classification: | BJ Islam KAJ Church history 1914-; recent history KBL Near East and North Africa KDF Orthodox Church NCF Sexual ethics XA Law |
| Further subjects: | B
Divorce
B unified personal status law B Coptic Orthodox Church B Islamic Law B personal status law B 1938 bylaws B Remarriage |
| Online Access: |
Volltext (Resolving-System) Volltext (Verlag) |
| Summary: | Abstract Egypt’s Coptic community is currently appealing to different legal jurisdictions in the struggle over divorce and remarriage. While the Coptic Orthodox Church is claiming the right, based on Islamic law, to apply its own communal law for marriage, others are calling on the church to reinterpret the biblical texts regarding divorce. Still other Copts are appealing to the constitution and to unitary state law to override a communal approach to personal status law. The case of divorce and remarriage in Egypt illustrates the ways in which Christian communal law, unitary state law, and Islamic law do not exist as a priori concepts but are in the process of continual negotiation with one another. In examining these negotiations, this article sheds light on one of the most important legal conundrums currently facing the relationship between the Coptic community and the state in Egypt. |
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| ISSN: | 1572-543X |
| Contains: | Enthalten in: Exchange
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| Persistent identifiers: | DOI: 10.1163/1572543X-12341567 |