Introduction

THIS case study was carried out in accordance with the goals, theoretical hypotheses and methodologies of the research project entitled Islamic Family Law - Possibilities of Reform Through Internal Initiatives coordinated by Professor Abdullahi An-Na^,im of Emory School of Law, Atlanta.

Personal status law (or Islamic family law) plays a particularly significant role in defining social relations in Arab and Muslim countries, remaining very close to people’s daily lives as it governs family affairs and defines the rights and the duties of all parties to family relationships, regulating marriage, divorce, childcare and the social, psychological and financial consequences of divorce. As Nasser Hamed Abu Zeid has observed (1999: 283), the position of women in the social hierarchy is particularly sensitive, and by reflecting directions of social momentum, personal status laws reveal and mirror women’s status and position, and indicate to what extent relevant human rights principles are implemented in the legislation of a given society.

As Professor An-Na'im has pointed out, despite the fact that Arab and Islamic countries have taken similar approaches in adopting family and personal status laws derived from Islamic fiqh (jurisprudence), each Muslim and Arab society has its own characteristics, leading to significant differences between the specific fiqh- based rules, juristic opinions and textual interpretations implemented in the personal status codes adopted in different countries.

Although the legal and jurisprudential aspects of the law are equally significant, the research team undertaking this case study chose to focus on the social aspects of the law, aiming to answer three major questions:

1. What are the sources of discrimination against women that still exist in the law

and that should be removed?

2. Is it enough to secure women’s rights legally for them to be implemented in practice?

3. What are the means that enable women to exercise those rights that already exist in the legal system?

The process of collecting material on the law, selecting samples for field studies and collecting data for the questionnaire for the purpose of this case study was already in progress when at the end of 1999 the Egyptian parliament was sud­denly presented with a proposed draft to amend the existing personal status law. The draft provoked a prolonged debate, which spread to involve local media and the legal and executive institutions. The' research team monitored the debate closely with a view to examining the points of controversy and the behind-the- scenes decision-making processes. A new questionnaire was prepared and put to the existing respondents, and the team also designed a questionnaire for a sample of the Egyptian elite taking part in the drafting process, as detailed below. This new survey was undertaken while work continued with the sample of men and women in four urban and rural governorates selected by the project.

Our persistence in returning to the sample to identify their opinions on certain issues or on a development in the law stems from the fact that any law is the cumulative outcome of the will of the individuals and of groups, who might agree or disagree with some parts of the legislation. It was our view that research dealing only with the jurisprudence and the theoretical discussions on such issues, though of considerable significance, would be incomplete, since it would lack an exploration of the views of those who would be subject to the implementation of the law. Neitherjurisprudence nor legal developments are self-sufficient processes, but rather social reactions based on the nature, influence and power of social groups, which might demand or resist changes or developments in the law. On a practical level, this means that any legal or juridical development in a given society is a direct response to and necessarily a reflection of a trend among the main social groups and sectors representing conflicting interests within the social structure. The focus of the research team was thus not so much the legal texts but rather the social and political alliances, conflicts and interactions that directed the wording, approval and execution of the law.

Methodology

The methodologies used in the field study were chosen in the light of the goals set by the general project, and revolved round a set of defining questions, as follows:

1. To what extent were men and women aware of the content and the provisions of personal status law and how far had they been involved in following up the proposed amendments and the arguments that were raised?

2. What did people think about the religious and the secular references in the law?

3. What were the areas of controversy in the law?

4. What approaches were used by those holding rival views, and to what extent were they successful?

5. Which official and non-official institutions were involved in the formulation and implementation of the law?

6. How do people try to manoeuvre around the implementation of the law?

7. What impact do social and economic conditions have on women’s awareness of the law and to what extent can women challenge the law when it is in contradiction to their interests?

8. Which proposed reforms of the law respond to the different needs of family members, especially women and children as the most vulnerable family mem­bers?

In seeking to answer these questions, this study employed anthropological and sociological analysis to understand and document the practical implementation of the law and its impact on society as a whole (men, women and children) in order to identify the theoretical and practical dynamics of the law within certain contexts (social, cultural, economic and political). The study highlights the role of activists, official institutions, legal experts and jurists and non-official institu­tions in relation to women’s rights and social justice. Anthropological methods were employed in particular to study the non-official aspects of social relation­ships, while social-historical methodology was used to examine the economic and social contexts of the formulation and promulgation of Egyptian personal status law.

Three sources of data were used for the study. First, the relevant legal drafts and texts, court records and personal status cases, as well as minutes of out-of- court settlements. Second, empirical data collected through interviews and group discussions conducted by the researchers. Third, press archives documenting the position of various political groupings and the various objections made to and questions raised by the public about the law and its implementation. The specific sources are detailed below.

Questionnaire and purposive sample The questionnaire was administered to a sample of 200 persons (men and women) in four cities: Minya and Qena in southern Egypt, Al Sharqia in the north, and Cairo. The sample was selected on the basis of marital status, age, level of education, occupation and professional status, economic status, urban/rural residence and dependants. The responses were computerized and subjected to qualitative and quantitative analysis. Details on the sample and the results of the questionnaire are set out in Chapter 3 below.

Interviews Extended and in-depth interviews were conducted with a small sample of men and women (twenty individuals) from urban and rural areas. We employed speech analysis methodology to place the individual’s answers within his or her economic and social environment, by identifying his/her social position, ideological and class identity, and his/her interests, in an attempt to identify factors influencing the attitude of respondents towards the law. An ‘interview guide’ was employed during these interviews. In-depth interviews were also con­ducted with some members of the judiciary and leaders of civil society working in areas related to women and children.

Press archives In order to analyse the positions of different political parties, we applied qualitative methods to comments on the law published in the news­papers of the main opposition groups {al-Sha'ab, al-Ahali, al-Ahrar and al-Wafd').

Case observation Researchers observed personal status cases before the courts and also out-of-court reconciliation meetings dealing with marital disputes.

Group discussions Group discussions were held with three groups: women adversely affected by the implementation of specific provisions of personal status law; men; and mixed groups of men and women.

Elite opinion survey As noted above, the opinion survey focusing on the Egypti^an elite was added to the existing tools of the research after the presentation of the draft amendments to the People’s Assembly (parliament) and the arousal of wide media interest and public debate around the issues. Since the question­naire already sought to investigate the attitudes of the sample in relation to the law, the opinion survey of the elite served to include the views of those defining the trends in attitudes among decision-makers at this particularly critical time in the development of personal status law. We identified a selective group of special­ists and politicians working in the personal status field, and other representatives, such as religious clerks, judges, politicians, civil society workers, journalists and women leaders, whose opinions were to be explored. The survey sought to explore the reasons given for approval or disapproval of the amendments applied in the new law and, in the case of disagreement, alternative and proposed views, amend­ments or changes. The associated environment was monitored through press reports and articles and transcripts of parliamentary discussions on the law.

For the purposes of the questionnaire designed for the elite opinion survey, a sample of 300 people was selected, including twenty-five members of judicial institutions charged with practical implementation of the law; thirty-five lawyers; sixty-seven political party functionaries, including political party leaders, leaders of general committees, general secretariats and district committee members, from six political parties and in proportion to the role and impact of the party in the political arena; forty-five journalists' from nine national and opposition news­papers:² sixty civil society activists, some from organizations and associations not aligned with any particular political tendency or ideology, some from those with ‘Islamist’ characteristics, working with families and children, and in areas of human rights; and eighteen activist women leaders, including eight known to represent the ‘Islamist’ trend.