APPENDIX

List of statutes

Law no. 25 of 1920 concerning maintenance and certain provisions of personal status, Official Gazette, no. 61 of 15 July 1920.

Law no. 25 of 1929 regarding certain provisions of personal status, Official Gazette, no.

Regulation concerning the organization of shari'a courts and related measures, issued in accordance with Law no. 78 of 1931, Official Gazette, extraordinary issue no. 53 of 30 May 1931.

Law no. 462 of 1951 abolishing shari'a courts and millet courts and transferring claims before them to the national courts, Official Gazette, no. 73 bis (b) of 24 September 1955.

Law no. 44 of 197g amending certain provisions of personal status, Official Gazette, 21 June 1979.

Law no. too of 1985 amending certain rulings of the laws of personal status, Official Gazette, no. 27 of 3 July 1985.

Law no. ³ of 2000 regulating certain litigation procedures in personal status matters, Official Gazette, no. 4 of 22 January 2000.

Notes to Part I

ι. The sample comprised fourteen from the Wafd Party, fourteen from the Arab Democratic Nasserite Party, fourteen from the National Progressive Tagammou Party, fourteen from the Labour Party, eight from the Al-Ahrar Party and twenty-three from Al Umaa Party.

2. The sample included five journalists from each of following newspapers: al-Ahram, al-Akhbar, al-Jumhouria, al-Esboua', al-Ahali, al-Sha'ab, al-Arabi, al-Ahrar, and al-Wafd.

3. On women in the educational process, see the statistics in Siyam 1996.

4. The Egyptian government reported to the Committee on the Elimination of Dis­crimination Against Women (CEDAW) that the overall rate of female illiteracy in 1996 was 51 per cent (down from 57.41 per cent in 1992). (UN Doc. CEDAW/C/EGY/4 —5).

5. In the above-cited CEDAW report, the Egyptian government reported that in 1997/ 98, the drop-out rate for compulsory (primary) education was 7 per cent among girls.

6. See 'Awais 1977.

7. lla' is a form of divorce effected when the husband takes and keeps an oath of abstinence from sexual relations with his wife for a period of four months, with expiation Ikaffara) required if he does not keep the oath, ffhar is when the husband uses a phrase comparing his wife to the back of his mother (or another close female relative), which has the effect of prohibiting sexual relations until the husband has made expiation.

8. See Abu Zahra (1957: 352) on the problem of proliferation of the use of oaths of talaq followed by a return to married life in circumstances considered prohibited, and the approach taken in Law 25/1929 specifically to address this problem. Abu Zahra (ibid., p. 364) also notes that the law did not specify whether termination by ila' was to be considered irrevocable, as held by Abu Hanifa, or revocable, as held by Malik and Shafi^,i; his opinion was that the law should be read as having taken the latter position.

9. Shahadat al-tasnin, showing a medical estimate of age based on physical character­istics.

10. Talaq and judicial divorce {tatliq).

11. See for example Ibn Kathir al-Dimashqi (n.d.: 741).

12. UN Doc. CEDAW/C/EGY/4-5, 30 March 2000.

13. Article 6 of Law 462/1055, referring to Article 280 of Law no. 78/1931.

14. Cited in al-Shabini (1995: 91); see also translation of Court of Cassation decision of 21 June 1934 in Qassem (2002: 31).

15. Law no. 147/1949, Articles 13 and 14; cited in Abdul Tawab (1980).

16. English translations of the legal provisions cited in the following paragraphs are taken from el-'Alami and Hinchcliffe (1996).

17. Decision no. 2445 of 1979; Official Gazette, 18 August 1979.

18. Article è bis of Law no. 25 of 1929 as amended by Law no. 100 of 1985.

ιg. Article 18 bis 3 of Law no. 25 of 192g, as amended by Law no. too of 1985.

20. Article 5 bis of Law no. 25 of ιg29 as amended by Law no. too of 1985.

21. Article ³ of Law no. 25 of 1920 as amended by Law no. 100 of 1985.

22. Article è bis 2 of Law no. 25 of 1929, as amended by Law no. 100 of 1985.

23. Interview with advocate Fathi Kishk.

24. Interview with Counsellor Hosni Hamada, president of the Cairo Court of Appeal for personal status.

25.Judge Hamed Abdel Halim al-Sharif gives many examples of such 'urfi marriages (al-Sharif 1987: 10).

26. Article 99(d) of Law no. 78 of 1931.

27. The shabka consists of gold and other jeweller)' customarily given by the husband to the wife on marriage.

28. 'nikdiyyd and ‘muz'iga’.

29.The Islamic Studies Academy, minute of emergency session no. 12, general minute no. 278, 27 Muharram 1420 (13 May 1999).

30. A slightly amended provision is included in Law no. 1 of 2000 (Article G3), which requires the Court of Cassation, on receiving the appeal papers, immediately to set a date for the ruling to be considered within sixty days of it being filed.

31. Article 7 of Law no. 1 of 2000.

32.A relative within the degree of relationship that prohibits marriage between the mahram and the woman.

33. Included in Article 20 of the law as passed.

34. One Assembly member apparently said that a wife who seeks khuΓ against her husband’s consent is disobedient and should be confined in the house until she dies; the leader of the Assembly had to ask the source of such a position.

35. Al-Wafd, 28 January 2000.

36.Unless the woman is pregnant or acknowledges that she was still in her 'idda period when he informed her of the revocation.

37. Dr Bahaa Elddin Ibrahim, head of Cairo Appeal Court, interview.

38. Presidential Decision on Law no. 205 of 1990.

39. Counsellor Abdel Mun^lim Ishaq Muhammad, deputy of the state judiciary body and head of the Supreme Constitutional Court section.

40. Articles 71 and 72 of Law no. 1 of 2000.

41. Counsellor Abdel Moncim Ishaq Mohammed, deputy director of the StateJudicial Institution and head of the Supreme Constitutional Court section.

42.It should be noted there that the husband himself also retains the same power of divorce when he delegates the power to his wife.

43. Ruling of the Supreme Constitutional Court in case no. 18 of constitutional judicial year 14.

44. Dr Nabil Ahmad Hilmi, lecturer and dean of the college of law in Zaqaziq, al- Ahram, ιg January 2000.