Droit du statut personnel et transformations de la famille au Maghreb et au Proche-Orient, de la fin du XXe siècle au début du XXIe siècle
Often perceived as the paradigm of an immutable and monolithic law, family law in the Arab states has undergone significant changes, which have restored a certain balance within the couple in marriage and divorce. Far from transcribing rules of fiqh deemed intangible and uniform, these codifications...
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| Format: | Article ou chapitre numérique |
| Jezik: | Français |
| Izdano: |
2024
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| Online pristup: | Accès Université d'Orléans et IFPM Accès Université d'Orléans et IFPM |
| Sažetak: | Often perceived as the paradigm of an immutable and monolithic law, family law in the Arab states has undergone significant changes, which have restored a certain balance within the couple in marriage and divorce. Far from transcribing rules of fiqh deemed intangible and uniform, these codifications were an opportunity for legislators to attenuate the rigor of certain rules in order to establish a better balance in the relationship within the couple. The traditional conception of the division of tasks between spouses, according to which the husband must take care of all family expenses in exchange for the obedience of his wife, has been questioned in several family codes. On the basis of the comparative study of present and past codes of personal status in the Maghreb and Middle East countries, as well as the 1917 Ottoman Law and the 1875 Qadrī Pasha Code in Egypt, this contribution studies the evolution of the representation of the family and gender-related norms through the comparison of conjugal relations in the codes of the twentieth and twenty-first centuries and the various obstacles that hinder their adoption and their implementation. |
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