Dr. Ahmed Rabie (Oxford Centre for Islamic Studies/Al-Azhar University): Egyptian family law; analytical perspective

About the Speaker

Dr. Ahmed Rabie, a Chevening Fellow at Oxford Centre for Islamic Studies (OCIS), and a lecturer of Sharia and law at Al-Azhar University, specializes in comparative civil law, international humanitarian law, and contemporary Islamic law, particularly intellectual property and family law. His influential roles span academia, research, and humanitarian efforts, showcasing a commitment to Islamic values, community development, and interfaith dialogue.

About the Topic

The Egyptian Constitution states that Islamic law is the source of legislations. Additionally, the Egyptian family law is Islamic based legislation which is influenced by the Hanafi jurisprudence. Both the legislative and judicial practices show that the Islamic family regulations are stated based on different sharia approaches. The social practices of marriage and divorce demonstrates a clear gap between the official laws and the traditions or customs of people. This gap ends up with contradictory and negative outcomes. For example, the marriage minimum age which was designed to protect girls leads to threatening the legal and financial rights of those girls. Furthermore, this gap causes a judicial dilemma because the law does not recognize this relationship, which does not meet the legal condition of a minimum age. However, the judge is obliged to acknowledge the outcomes of this relationship, such as the affiliation of children.

Dr. Ahmed Rabie argues that any legal amendments shall consider the different traditions and various norms and customs of the community to ensure the practicality objects and ends of the legislation.

The legislator only considers the religious liberal debate or the national or the international pressure without enough consideration to the traditions which direct people to marriage and divorce practices. In matters of marital status, legislators must recognize the sacred and customary nature of marriage and divorce. Consequently, they must be careful not to disregard these considerations, irrespective of any external pressures to bridge the gap between legislative objectives and actual practices.