Abstract

This thesis aims at responding to the problem of not monetizing women’s labor in the household through the financial Islamic right of al-Kadd wa al-Se’aya which acknowledges that women are economic partners in the matrimonial wealth in exchange to their labor. The right of al-Kadd wa al-Se’aya has its roots in the Qur’anic in verse 32 in Surat al-Nisaa’ which in one of its interpretations links labor to financial compensation, in the same manner as did Ibn Khaldun, Karl Marx, John Locke and Adam Smith. Furthermore, the thesis attempts to illustrate that the right of al-Kadd wa al-Se’aya was debated among some pre modern Muslim scholars. This financial right was granted to some Muslim women in pre modern Moroccan shari’a courts and granted to some Muslim women in modern times legal systems of Morocco, Indonesia and Malaysia. Lastly, the thesis attempts to assess the applicability of applying the right of al-Kadd wa al-Se’aya in the Egyptian personal status law with illustration of the challenges the calling for its application might face in Egypt. The thesis concludes with recommendations for effectual process to apply the law in Egyptian personal status law.

Department

Arab & Islamic Civilizations Department

Degree Name

MA in Arabic Studies

Date of Award

6-1-2018

Online Submission Date

May 2018

First Advisor

Serag, Mohamed

Committee Member 1

El Saadi, Hoda

Committee Member 2

Bakr, Hoda

Document Type

Thesis

Extent

96 p.

Rights

The author retains all rights with regard to copyright. The author certifies that written permission from the owner(s) of third-party copyrighted matter included in the thesis, dissertation, paper, or record of study has been obtained. The author further certifies that IRB approval has been obtained for this thesis, or that IRB approval is not necessary for this thesis. Insofar as this thesis, dissertation, paper, or record of study is an educational record as defined in the Family Educational Rights and Privacy Act (FERPA) (20 USC 1232g), the author has granted consent to disclosure of it to anyone who requests a copy.

IRB

Approval has been obtained for this item

Comments

I am dedicating this thesis to my mother Hoda Taha whose efforts in upholding me and my brother should not go to vain. To my father Amr Shaffei who pushed me to chose this topic from the beginning because he advocates women’s rights. To Professor Hoda El Saadi who helped me a lot with her knowledge, supported me continuously and encouraged me all the way. To my colleague Honey El-Moghazi who supported me in a manner no one else did. I am really grateful for the time she took to read my work. I am also grateful for Professor Mohamed Serag who without his insights and feedback I could not have ever done this. Finally, To all women.

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