ABSTRACT

This volume identifies and elaborates on the significance and functions of the various actors involved in the development of family law in the Middle East. Besides the importance of family law regulations for each individual, family law has become the battleground of political and social contestation. Divided into four parts, the collection presents a general overview and analysis of the development of family law in the region and provides insights into the broader context of family law reform, before offering examples of legal development realised by codification drawn from a selection of Gulf states, Iran, and Egypt. It then goes on to present a thorough analysis of the role of the judiciary in the process of lawmaking, before discussing ways the parties themselves may have shaped and do shape the law. Including contributions from leading authors of Middle Eastern law, this timely volume brings together many isolated aspects of legal development and offers a comprehensive picture on this topical subject. It will be of interest to scholars and academics of family law and religion.

chapter |14 pages

Introduction

New family law codes in Middle Eastern countries: reforms that are faithful to Islamic tradition?

part |70 pages

Legislation

chapter |30 pages

Struggling for a modern family law

A Khaleeji perspective

chapter |18 pages

Between procedure and substance

A review of law making in Egypt

chapter |20 pages

The financial relationship between spouses under Iranian law

A never-ending story of guilt and atonement?

part |72 pages

Judiciary

chapter |23 pages

Divorce in Egypt

Between law in the books and law in action

chapter |19 pages

Personal status law in Israel

Disputes between religious and secular courts

part |64 pages

Party autonomy

chapter |42 pages

Our marriage, your property?

Renegotiating Islamic matrimonial property regimes