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Khul' Divorce in Egypt : Public Debates, Judicial Practices, and Everyday Life

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Khul' Divorce in Egypt : Public Debates, Judicial Practices, and Everyday Life UvA-DARE (Digital Academic Repository) Khul' divorce in Egypt : public debates, judicial practices, and everyday life Sonneveld, N. Publication date 2009 Document Version Final published version Link to publication Citation for published version (APA): Sonneveld, N. (2009). Khul' divorce in Egypt : public debates, judicial practices, and everyday life. General rights It is not permitted to download or to forward/distribute the text or part of it without the consent of the author(s) and/or copyright holder(s), other than for strictly personal, individual use, unless the work is under an open content license (like Creative Commons). Disclaimer/Complaints regulations If you believe that digital publication of certain material infringes any of your rights or (privacy) interests, please let the Library know, stating your reasons. In case of a legitimate complaint, the Library will make the material inaccessible and/or remove it from the website. Please Ask the Library: https://uba.uva.nl/en/contact, or a letter to: Library of the University of Amsterdam, Secretariat, Singel 425, 1012 WP Amsterdam, The Netherlands. You will be contacted as soon as possible. UvA-DARE is a service provided by the library of the University of Amsterdam (https://dare.uva.nl) Download date:03 Oct 2021 Khul‘ Divorce in Egypt Public Debates, Judicial Practices, and Everyday Life Nadia Sonneveld Khul‘ Divorce in Egypt Public Debates, Judicial Practices, and Everyday Life ACADEMISCH PROEFSCHRIFT ter verkrijging van de graad van doctor aan de Universiteit van Amsterdam op gezag van de Rector Magnificus prof. dr. D.C. van den Boom ten overstaan van een door het college voor promoties ingestelde commissie, in het openbaar te verdedigen in de Agnietenkapel op donderdag 16 april 2009, te 14:00 uur door Nadia Sonneveld geboren te Delft i Promotiecommissie Promotor(es): Prof. dr. A.C.A.E. Moors / prof. dr. L.P.H.M. Buskens Overige leden: Prof. dr. mr. R. Peters Prof. dr. F. Gouda Prof. dr. W.H.M. Jansen Dr. M.W. Buitelaar Faculteit der Maatschappij- en Gedragswetenschappen Contents Acknowledgments vii Notes on transliteration ix Figures xi Introduction 1 Presenting: the “ khul‘ law” 1 Research questions and research perspective 3 Organization of the study 12 Research methods 15 Part I The Public Debate on Khul' 1 Maintenance & obedience: a history of Personal Status Law in Egypt 23 1.1 Presenting: “ urīdu Hallan ” 23 1.2 Egypt’s first Personal Status Laws: emphasizing the conjugal relation 25 1.3 Personal Status Law under Nasser: socialism without reform 27 1.4 Personal Status Law under Sadat: Islamization and internalisation 31 1.5 Personal Status Law towards the new millennium: re-invention of khul‘ 34 2 The “ khul‘ law” criticized: the first pen 39 Introduction 39 2.1 Opponents and proponents of khul‘: using the language of Islam 40 2.2 The government and al-Azhar: an uncomfortable alliance 45 2.3 Khul‘ in front of the Egyptian parliament: a far from dull debate 49 2.4 The right to exercise ijtihad 52 2.5 Khul‘ : a cover for other controversial reforms? 56 2.6 Conclusion 63 3 Films and cartoons: the second pen 69 3.1 Presenting: “ urīdu khul‘an ” 69 3.2 Is urīdu khul‘an a continuation of urīdu Hallan? 72 3.3 Cartoons and films: notions of the “self” and the “other” 74 3.4 Film and space: men’s maintenance and women’s obedience 84 3.5 Film and space: the city- countryside dichotomy and religion 87 3.6 Ridiculing the modernizing project of the state 90 3.7 The issue of censorship 95 3.8 Conclusion 97 Part II The Implementation of Khul' in Court and Everyday Life 4 On the dower and “emotional” women 103 4.1 A new version of “I Want a Solution”? 103 4.2 Presenting: “ Nura ” 104 4.3 Khul‘ …a law for rich women only? 108 4.4 The practice of the dower in Egypt 109 4.5 Returning the prompt dower: the practice of the courts 114 4.6 A “precedent” and it’s evasion 120 4.7 Emotional women and polygamy 127 4.8 Conclusion 130 5 Arbitration 135 5.1 Arbitration: why Nura obtained a divorce while ‘Afaf did not 135 5.2 Arbitration in the new family court: the state and judges 138 5.3 The new family court: international donors and the Egyptian state 140 5.4 The new family court: judges 144 5.5 The new family court: professional arbitrators 149 5.6 Speaking in two languages? 155 5.7 Conclusion 160 6 Maintenance and obedience: Egypt's changed reality 163 6.1 Nura wants to work abroad 163 6.2 Going abroad: only a prerogative for rich women? 166 6.3 Women who abandon the marital home & the issue of ta‘a 169 6.4 The meaning of ta‘a (obedience) on the legal and social level 170 6.5 Husbands using ta‘a as a strategy 176 6.6 Women using khul‘ as a strategy 178 6.7 Conclusion 181 7 Reshaping relations in Egypt 185 7.1 Meeting Nura’s mother 185 7.2 Nura’s neglected mother: is friendship replacing kinship? 190 7.3 The strong Egyptian family, myth or reality? 191 7.4 Khul‘ women and the issue of female-headed-households 194 7.5 Defining friendship 199 7.6 Friendship cannot replace kinship 201 7.7 A source of marital disputes: in-laws 207 7.8 Conclusion 210 8 On secret marriages and polygamy 213 8.1 Nura wants to marry again…polygamously and by way of ‘urfi 213 8.2 Khul‘ women remarrying: confirming the stereotype? 222 8.3 Social pressure to (not) remarry 225 8.4 Divorced women remarrying: whom should they marry? 228 8.5 Becoming a second wife by choice? 230 8.6 Unofficial marriages in Egypt 235 8.7 Is the shadow, even the ambulant shadow, of a man better than the shadow of a wall? 238 8.8 Conclusion 243 9 Conclusion 247 9.1 The public debate on khul‘ 247 9.2 The operation of khul‘ in court and everyday life 249 References 257 Books and articles in journals 257 Articles in newspapers and magazines 271 The article on khul‘ 275 Summary 277 Samenvatting 281 vi Acknowledgments Ithaca If you decide to go to Ithaca, Hope that the journey is long, Full of adventure and experience. Those Laestrygonians, the Cyclops, angry Poseidon, Do not be afraid of them For you will never see them on your way As long as your thoughts are pure And passion touches both your spirit and your flesh. The Laestrygonians, the Cyclops, fierce Poseidon, You will not meet Unless you carry them in your heart; Unless your heart puts them before you. Pray that your journey be long, That there will be many summer mornings When with joy and delight you will enter harbours You have never entered before See Phoenician ports, gain gifts of mother of pearl, coral, amber and ebony Perfumes, sensuous and varied, As many as you can sense. Visit those varied Egyptians cities And gather knowledge from the wise. But always, have Ithaca in your mind. Your destination is to arrive there, But do not hurry your journey Better that it may last many years, That you toss out your anchor at some island vii As you grow old, richer for having traveled, Expect nothing from Ithaca Other than the journey of your life. For without her, you would never have begun, And it is this that Ithaca has given you, What more could she offer? And if you do arrive And find her poor… Ithaca has not deceived you. For you now have the experience, the wisdom to know What all these Ithacas mean. C. P. Cavafy (1863-1933) Alexandria, October 1910 1 1 http://www.allthelyrics.com/forum/greek-lyrics-translation/48947-ithaca-english-translation.html , 1 March 2009. viii Notes on transliteration In this thesis both Standard Arabic and Egyptian Arabic terms are presented. In general, Egyptian Arabic terms are presented in the way they are pronounced. In order to present the Standard Arabic and Egyptian Arabic terms, I have adopted a simplified version of the transliteration system employed by Hans Wehr, one that indicates the Arabic ‘ayn (‘) and hamza (’) but omits other diacritical marks as well as the extension of the vowels. 2 In this way I hope to make the thesis more easily accessible to readers who are not familiar with Arabic. An exception has been made for the titles of books, newspapers, films, and magazines that were written in Arabic. In order to enable the interested reader to retrieve these titles, I decided to follow the transliteration system employed by as well (ظ and ,ط ,ض ,ص ) Hans Wehr but instead of presenting the emphatic letters .by using diacritical marks, I use capital letters, as shown below ح as Finally, I should mention that conventional English spelling is used for most personal, place and proper names as well as frequently translated Arabic words such as Koran and sheikh. Consonants: Transliterated English Arabic ء ’ ب b ت t ث th ج g/ j ح H خ kh د d ذ dh ر r ز z س s ش sh ص S D T ظ Z 2 The Hans Wehr Dictionary of Modern Written Arabic , edited by J. M. Cowan –fourth edition. Ithaca, New York: Spoken Language Services, Inc., 1994. ix ع ‘ غ gh ف f ق q ك k ل l م m ن n or ه h w ي y or x Figures 1 Cartoon “The right of the strongest” 76 2 Cartoon “Ratification of the Personal Status Law” 77 3 Cartoon “The story of Nabawiya” 78 4 Cartoon “The constitutionality of khul‘ ” 79 5 Cartoon “Taking off something” 80 6 Cartoon “The new marriage contract” 81 7 Cartoon “Husband walks out of the Personal Status court 118 8 Cartoon “ Khul‘ women look for other men” 122 xi Introduction Presenting: the “ khul‘ law” In January 2000, the Egyptian nation was rocked by the implementation of a new procedural law in the field of Personal Status.
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