Prof. Dr. Yehya Badr (Alexandria University): Colonialism, Religion and Two Concepts of "Personal Status": The Story Behind the Egyptian Choice of Law Rules for International & Interpersonal Familial Relations

Private International Law in Africa

  • Date: Feb 21, 2022
  • Time: 02:00 PM (Local Time Germany)
  • Location: online

About the speaker

Dr. Yehya Badr did his SJD at Tulane Law School (2010), his LLM at Cornell Law School (2007), and his Master’s and LLB degree at the Faculty of Law, Alexandria University. He is an Associate Professor at the College of Law at the University for Business & Technology, Jeddah, KSA. Before that, he was an Associate Professor at the Faculty of Law of Alexandria University and the acting head of the Private International Law Department. He also holds visiting positions at the Arab Academy for Science and Technology (AAST), Pharos University at Alexandria, Egypt (PUA), and Beirut Arab University (BAU). He has ten years’ experience in teaching private international law, international commercial arbitration, commercial law, contracts, torts, and business law for non-law students.

About the topic

This presentation will examine how there are currently two different concepts of “personal status” under Egyptian law: one for international conflict of laws and another for interpersonal conflict of laws. The presentation will explain that the concept of “personal status“ for international conflict of laws was conceived under the weight of a colonial presence in Egypt, commencing with the system of foreign capitulations that excluded disputes related to familial relations not only from the legislative jurisdiction of the Egyptian legal system, but also from the jurisdiction of Egyptian courts. On the other hand, the concept of “personal status” for interpersonal conflict of laws was developed as means to address the problems caused by the multiplicity of judicial bodies in charge of resolving familial disputes between the various indigenous religious groups in Egypt and by the long-standing position of Islamic Shariah to not impose its rules on non-Muslims in regard to their familial relations, which hindered the establishment of a unified domestic law for familial relations.

About the virtual workshop series

There is a growing interest in the study of private international law in Africa. In an environment of growing international transactions in both civil and commercial matters, private international law can play a significant role in Africa in addressing issues such as globalization, regional economic integration, immigration, etc. The series intends to discuss new scholarly work on private international law in Africa and advance solutions on how the current framework of that field can be improved on the continent.

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