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Divorce law is governed by the Family Law (Divorce) Act 1996. This law was later amended in 2019 by a further third amendment and the subsequent Family Law Act 2019. [132] It is possible to be considered separated while living under the same roof. [133] Divorces obtained outside Ireland are only recognised by the State if either:
If the wife remarries, she can be accused of polyandry, which is punishable by seven years in prison in Egypt, or she could remain single for the rest of her life. [citation needed] The new Egyptian law (passed in 2000) recognizes the woman's right to seek divorce from an 'urfi marriage. However, the law denies her alimony and child support.
Under this new law, a woman could pursue a divorce without having to prove the fault of the husband. However, this type of divorce, 'khula', would mean a reduction in the woman's financial rights. The law is somewhat flexible in that it allows for the couple to adhere to conditions of divorce set up in advance. [3]
The judicial system (or judicial branch) of Egypt is an independent branch of the Egyptian government which includes both secular and religious courts. The Egyptian judicial system is based on European and primarily French legal concepts and methods, combined with Islamic (Shariah) law. [1] The legal code is derived largely from the Napoleonic ...
The writing of the civil code was an attempt on the part of Al-Sanhuri to modernize Islamic law by adopting ideas from western civil law, a concept greatly supported by the elite members of Egyptian society. Westernization meant confining certain Islamic law to mostly matters dealing with personal status such as marriage, divorce, and inheritance.
Egypt's laws pertaining to marriage and divorce have changed over the years, however they have generally favored the social position of men, although reform continues. Egypt retained the inclusion of Islamic law in dealings of family law, following on from its judicial and administrative independence from the Ottoman Empire in 1874. [65]
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Khulʿ (Arabic: خلع), also called khula, is a procedure based on traditional jurisprudence, that allows a Muslim woman to initiate a divorce [1] by returning the mahr and everything she received from him during their life together, or without returning anything, as agreed by the spouses or judge's decree, depending on the circumstances.