Egyptian Family Courts: A Pathway of Women's Empowerment?

Author's Department

Social Research Center (SRC)

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https://brill.com/view/journals/haww/7/2/article-p89_1.xml?language=en

All Authors

Mulki Al-Sharmani

Document Type

Research Article

Publication Title

Hawwa - Journal of Women of the Middle East and the Islamic World

Publication Date

Fall 1-9-2009

doi

https://doi.org/10.1163/156920709X12511890014504

Abstract

A significant new law was passed by Egyptian legislators in 2004 introducing family courts to arbitrate family conflict in an effort to promote non-adversarial legal mechanisms. The aim of this paper is to examine how this new legal system is working for female plaintiffs. Th rough an analysis of court practices in a number of divorce and maintenance cases, this essay will make two central arguments: First, I will argue that the benefits family courts are currently providing to female plaintiffs are limited due to a number of gaps and shortcom- ings in the legislation, mechanisms of implementation, resources, and the capacity and the training of court personnel. In addition, the legal process in the new courts as well as the substantive family laws that are being implemented continue to reflect gender inequality and biases against women. Secondly, I will argue that the shortcomings of the new court system also result from the approach of addressing gender inequalities through the piece- meal approach of fragmented procedural reforms as well as the contradictions arising from the divergent agendas of the alliances built between different reform actors (e.g. women’s rights organizations, government bodies, and legal institution)

First Page

89

Last Page

110

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