Martinus Nijhoff Online

 Competing Fundamentalisms and Egyptian Women’s Family Rights: International Law and the Reform of Shari’a-derived Legislation

Contents

• • Preliminary Material (i-xx)   (163K)
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    • Contents
    • Acknowledgements
    • Preface
    • List Of Cases
    • List Of Treaties And Declarations
    • List Of Egyptian Legislation
  • Introduction (1-10)   (102K)
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    • Defining Personal Status Law
    • Defining Women’s International Human Rights Law
  • The Human Rights Of Women In A Specific Cultural Context (11-32)   (176K)
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    • Theoretical Framework: Situating The Study In The Wider Debate
    • Different Feminisms And The Promotion Of Egyptian Women’s Equality Rights
  • The Sources Of International Women’s Rights Law And International Enforcement Mechanisms (33-60)   (212K)
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    • International Treaties
    • Customary International Law
    • Soft Law
    • Special Issues Arising From The Prohibition Of Gender Discrimination
    • International Enforcement Of Women’s Equality Rights
  • The Prohibition Of Discrimination Under CEDAW And The Role Of The CEDAW Committee (61-84)   (184K)
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    • Interpreting Obligations Under The CEDAW
    • The Precise Scope Of The Gender Non-Discrimination Norm Under CEDAW
    • Measures To Eliminate Discrimination Under CEDAW
    • States’ General Undertakings: Progressive Or Immediate Obligations?
    • The Nature Of Egypt’s Obligations Under CEDAW
    • The Compliance-Inducing Role Of The CEDAW Committee
  • Shari'A-Based Reservations: The Law And Politics Of Invalidity (85-118)   (246K)
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    • Reservations To The CEDAW
    • The Traditional Approach To Reservations To Multilateral Treaties
    • The Development Of The Current Reservations Regime
    • Towards A New Reservations Regime?
    • Egypt’s Reservations To The CEDAW
    • Other International Obligations
  • Shari'A Law And The Development Of Egypt’s Personal Status Legislation (119-144)   (206K)
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    • Introduction To Shari'a Law: The Sources Of Islamic Jurisprudence And The Rise Of Taqlid Law
    • The Development Of Egypt’s Personal Status Law: Legislating The Shari'a
  • Gender (In)equality And The Shari'a In Egypt's Constitution: The Role Of The Supreme Constitutional Court (145-162)   (151K)
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    • Gender Equality In Egypt’s Constitution
    • Positioning International Law Within The Hierarchy Of Legal Sources
    • The Supreme Constitutional Court’s Jurisprudence
  • Marriage, Divorce And Inheritance: Unequal Power Structures And Women's Equality Rights (163-210)   (340K)
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    • The Same Right To Enter Into Marriage; The Same Right Freely To Choose A Spouse And To Enter Into Marriage With Their Free And Full Consent
    • The Same Rights And Responsibilities During Marriage
    • The Same Rights As Parents; The Same Rights And Responsibilities With Regard To Guardianship And Wardship
    • The Same Rights And Responsibilities Upon The Dissolution Of Marriage
    • Equal Rights In Respect Of The Ownership, Acquisition, Management, Administration, Enjoyment And Disposition Of Property
    • The Way Forward In The Area Of Legislative Reform
  • The Positive Prospects For Personal Status Law Reform: Two Steps Forward (211-238)   (213K)
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    • Changing Interpretations In A Changing Society
    • Evidence For Judicial Khul In The Quran And Sunnah
    • Debating Khul In The People’s Assembly
    • Procedural Reforms And The Establishment Of The Family Court
  • Domestic Enforcement Of Women's Human Rights (239-264)   (195K)
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    • The Challenges Confronting Domestic Enforcement
    • The Interplay Between Domestic And International Mechanisms
  • Conclusion (265-280)   (135K)
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    • The Way Forward
  • Select Bibliography (281-294)   (136K)
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    • Studies, Reports, UN Documents And Resolutions
    • Books And Articles
  • Index (295-300)   (69K)