Die Reform der Loskaufscheidung (ḫulʿ): Lehren aus Saudi-Arabien
In: Die Welt des IslamsSearch for other papers by Dominik Krell in
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Abstract
In 2000, the Egyptian state introduced a new law that granted women the right to file for unilateral khulʿ divorce, a step that resulted in huge controversy inside and outside the country. In Saudi Arabia, a similar development had taken place before the Egyptian reform, however, without any noticeable interference by the state. Today, Saudi Arabia is the last Arab country without a comprehensive codification of the law. Instead of applying written state laws, Saudi family courts derive their judgments from Islamic jurisprudence (fiqh). This article examines how Saudi Islamic scholars (ʿulamāʾ) have reinterpreted the traditional Islamic understanding of khulʿ divorce and thereby enabled women to divorce against their husbands’ will. Subsequently, the article shows how Saudi courts presently apply this new understanding of khulʿ divorce in their judgments.
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Die Reform der Loskaufscheidung (ḫulʿ): Lehren aus Saudi-Arabien
In: Die Welt des IslamsSearch for other papers by Dominik Krell in
Current site
Google Scholar
PubMed
Abstract
In 2000, the Egyptian state introduced a new law that granted women the right to file for unilateral khulʿ divorce, a step that resulted in huge controversy inside and outside the country. In Saudi Arabia, a similar development had taken place before the Egyptian reform, however, without any noticeable interference by the state. Today, Saudi Arabia is the last Arab country without a comprehensive codification of the law. Instead of applying written state laws, Saudi family courts derive their judgments from Islamic jurisprudence (fiqh). This article examines how Saudi Islamic scholars (ʿulamāʾ) have reinterpreted the traditional Islamic understanding of khulʿ divorce and thereby enabled women to divorce against their husbands’ will. Subsequently, the article shows how Saudi courts presently apply this new understanding of khulʿ divorce in their judgments.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 897 | 299 | 35 |
| Full Text Views | 98 | 7 | 0 |
| PDF Views & Downloads | 161 | 17 | 0 |
