Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Vol 11 No 1 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan

Critiques Towards Family Law in Egypt Through the Work of Nawal El Saadawi

Permana, Dede (Unknown)
Naffati, Abdel Kader (Unknown)
Jambunanda, Ahmad Jamaludin (Unknown)



Article Info

Publish Date
11 Jul 2024

Abstract

The history of family law reform in Islamic World can’t be separated from contributions of the thoughts of the Islamic scholars from time to time. One of them is Nawal el Saadawi's contribution through her criticism of family law in Egypt. This article aims to discuss some of Nawal's criticisms based on two questions. First, what is Nawal el Saadawi's criticism of family law in Egypt? Second, what solution does Nawal offer to realize a family law that - she calls - is just? By answering both of the questions, it is hoped that this study will provide inspiration for academics and legal practitioners in their efforts to find a gender-just family law format. The method used in this research is qualitative with library research, namely by examining library sources that are relevant to the research theme. The results of this research are, first, material in Egyptian family law relating to divorce procedures, polygamy, bait at tho'ah, living and hadhanah, which Nawal considers is still discriminatory towards women. This discrimination occurs because the state ignores patriarchal culture in society. Second, in Nawal's view, efforts to realize just family law must be started from strengthening the principle of freedom of thought among Islamic scholars and legal practitioners.

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Journal Info

Abbrev

qadha

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Al-Qadha Journal focuses on the study of Law which is an article of research results and academic thought, this journal is a communication medium for academics, experts, and researchers who care about studying Islamic law and law. The scope of writing is determined in the al-Qadha journal; ...