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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] Women are still able to pursue a divorce through the traditional means wherein the fault of the husband must be proven.
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.
For the non-royal women in ancient Egypt, the title of wife also came with the title "Mistress of the House". The role as a wife included taking care of the household. 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.
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.
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:
The Egyptian Civil Code is the primary source of civil law for Egypt. The first version of Egyptian Civil Code was written in 1949 containing 1149 articles. The prime author of the 1949 code was the jurist Abd El-Razzak El-Sanhuri , who received assistance from Dean Edouard Lambert of the University of Lille .
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The Egyptian Civil Code is the prime source of civil law, and has been the source of law and inspiration for numerous other Middle Eastern jurisdictions, including pre-dictatorship Libya and Iraq as well as Qatar. [citation needed] Egypt's Civil Code governs "the areas of personal rights, contracts, obligations, and torts."