ISSUES IN CIVIL LAW AND CIVIL PROCEDURE

Vol. 120 (2020)

Khula procedure divorce in Egyptian law

Pages: 499-510

PDF (Język Polski)

Abstract

The article is devoted to an analysis of Egyptian divorce law under the khula procedure with a particular focus on Law no. 1 from 2000. The author ventures to show that the establishment of this act was a milestone on the road to the equality of women’s rights in marital law. Earlier regu-lations only allowed for a divorce initiated by the woman under a number of conditions or with her husband’s consent. The main innovation of Law no. 1 from 2000 is that the divorce can be granted without the consent of either the husband or the judge. It is contingent on the wife’s resignation from any financial claims she might have towards her husband according to Sharia law, either under a marriage contract or existing legal regulations.