Le droit au divorce des femmes (khul‘) en islam : pratiques différentielles en Mauritanie et en Égypte
The right to divorce available through women’s own initiatives, or khul‘, although generally less known and less practiced by Muslim societies than repudiation, is clearly elaborated in Islamic jurisprudence. By khul‘, the wife can regain the freedom which she had surrendered to her husband’s author...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | fra |
| Published: |
L’Harmattan
2010-06-01
|
| Series: | Droit et Cultures |
| Subjects: | |
| Online Access: | http://journals.openedition.org/droitcultures/1950 |
| Summary: | The right to divorce available through women’s own initiatives, or khul‘, although generally less known and less practiced by Muslim societies than repudiation, is clearly elaborated in Islamic jurisprudence. By khul‘, the wife can regain the freedom which she had surrendered to her husband’s authority by reimbursing his marital compensation of gifts given to her and her family at the time of betrothal and wedding. This legal process for divorce testifies implicitly to the role of bridewealth as that which secures the man with social, legal and symbolic authority to possess the female body. Women’s divorce has been known and practiced for centuries in Moorish society of Mauritania which refers in its legal practice to treaties of ancient maliki jurisprudence and recently to the Code of personal status of 2001. Therefore, women’s divorce does not have the subversive connotation that it has recently acquired in Egypt since the new Code of personal status of 2000 gave women the right to divorce without the agreement of her husband. This comparative research about women’s divorce in Mauritania and in Egypt shows that each society makes differential usage of Islamic jurisprudence. This usage can be explained by many factors, especially, by the degree of knowledge of this Sunni legal corpus, as well as the specific kinship and gender relations of each society. |
|---|---|
| ISSN: | 0247-9788 2109-9421 |