{"title":"Squandering Marital Movables: On Family and Criminal Law in Egypt","authors":"Kazuaki Takemura","doi":"10.1163/15685195-bja10055","DOIUrl":null,"url":null,"abstract":"This essay focuses on the trousseau inventory (<jats:italic>ayma</jats:italic>) created by Egyptian Muslims at the time of marriage. Though not a legal requirement, creating the <jats:italic>ayma</jats:italic> is widespread as it proves the husband’s receipt of the wife’s property. After divorce, he must return the items listed in the inventory to her, and if he fails to do so, she may sue him for “squandering marital movables” (<jats:italic>tabdīd manqūlāt zawjiyya</jats:italic>), as stipulated in the Penal Code. In July 2022, when an Egyptian man posted a message suggesting that the <jats:italic>ayma</jats:italic> had been abolished, his post caused a huge outcry. In this essay, I address the social debate triggered by the post, introduce the case of an Egyptian woman who filed a <jats:italic>tabdīd</jats:italic> lawsuit to secure a divorce, and discuss judgments issued by the Court of Cassation on <jats:italic>tabdīd</jats:italic> cases. I argue that Egyptians use criminal law and courts to solve family disputes.","PeriodicalId":55965,"journal":{"name":"Islamic Law and Society","volume":"59 13 1","pages":""},"PeriodicalIF":0.3000,"publicationDate":"2024-05-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Islamic Law and Society","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/15685195-bja10055","RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"0","JCRName":"RELIGION","Score":null,"Total":0}
引用次数: 0
Abstract
This essay focuses on the trousseau inventory (ayma) created by Egyptian Muslims at the time of marriage. Though not a legal requirement, creating the ayma is widespread as it proves the husband’s receipt of the wife’s property. After divorce, he must return the items listed in the inventory to her, and if he fails to do so, she may sue him for “squandering marital movables” (tabdīd manqūlāt zawjiyya), as stipulated in the Penal Code. In July 2022, when an Egyptian man posted a message suggesting that the ayma had been abolished, his post caused a huge outcry. In this essay, I address the social debate triggered by the post, introduce the case of an Egyptian woman who filed a tabdīd lawsuit to secure a divorce, and discuss judgments issued by the Court of Cassation on tabdīd cases. I argue that Egyptians use criminal law and courts to solve family disputes.
期刊介绍:
Islamic Law and Society provides a forum for research in the field of classical and modern Islamic law, in Muslim and non-Muslim countries. Celebrating its sixteenth birthday in 2009, Islamic Law and Society has established itself as an invaluable resource for the subject both in the private collections of scholars and practitioners as well as in the major research libraries of the world. Islamic Law and Society encourages discussion on all branches of Islamic law, with a view to promoting an understanding of Islamic law, in both theory and practice, from its emergence until modern times and from juridical, historical and social-scientific perspectives. Islamic Law and Society offers you an easy way to stay on top of your discipline.