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Full-Text Articles in Law

The School Of SharīʿA Judges: SharīʿA Courts’ Reform And Legal Modernization In Egypt (1907-1927), Yamen Nouh Dec 2023

The School Of SharīʿA Judges: SharīʿA Courts’ Reform And Legal Modernization In Egypt (1907-1927), Yamen Nouh

Theses and Dissertations

This thesis studied the history of the school of sharīʿa judges (1907-1927) as an essential episode of the reform of Sharīʿa courts in Egypt in the early 20th century. The thesis studied the school in connection with the broader context of legal modernization of the Egyptian legal system. The study explored the institutional, pedagogical, and legal aspects of the reform that the school advocated. The study analyzed the impact of the school’s pedagogy on the practice of the Islamic judiciary and the theoretical conception of Sharīʿa. The study used a significant yet understudied historical source: the judicial press. A comparative …


Navigating Complexity Of Serving Displaced Communities: A Study Of Yemeni Community-Based Organizations In Egypt, Alya Mohammed Al-Mahdi Oct 2023

Navigating Complexity Of Serving Displaced Communities: A Study Of Yemeni Community-Based Organizations In Egypt, Alya Mohammed Al-Mahdi

Theses and Dissertations

Forced displacement is a global crisis that poses challenges for nations like Egypt. Despite international NGO support, escalating displaced individuals have overwhelmed existing capacities. Refugee Community-Based Organizations (CBOs) have emerged as a natural response from the communities themselves to bridge the gap between the state and NGOs and the refugee community. However, CBOs in Egypt face challenges that impact their operation and continuity. Through qualitative research, this study aims to explore the experience of the Yemeni CBOs. Through interviews with seven people from six CBOs conducted through field visits and online calls, this research uncovers the dynamics of Yemeni CBOs …


The Fall And Rise Of Bengali Muslim Conciousness: Conceptualising The Identity Of The Bangla Universal, Habib Khan Jun 2023

The Fall And Rise Of Bengali Muslim Conciousness: Conceptualising The Identity Of The Bangla Universal, Habib Khan

Theses and Dissertations

The emergence of modern-nation states saw the end of the empirical era of exploitation and exercise of inherent racist tendencies towards the 'other'. However, the effect of that colonial system is still ever-present in the creation and governance of these newly independent states. While every new state aims to be 'modern', they adopt the international legal framework of the West as their own - a system they had initially wanted to escape. The concept of Muslim universality in the form of the ummah should have freed Pakistan from the shackles of its former colonial masters. Instead, this phenomenon was replaced …


The Making And Unmaking Of Urban Citizenship In The Maspero Triangle, Nadine Abd El Razek Feb 2023

The Making And Unmaking Of Urban Citizenship In The Maspero Triangle, Nadine Abd El Razek

Theses and Dissertations

Cairo is undergoing a moment of sharpened exclusion and inclusion, with the city’s residents of informal settlements disproportionately experiencing displacement and abrupt interruptions to their social fabric to make way for investment opportunities. In pursuit of achieving the status of a global city, the Egyptian state has effectively widened its practice of structural violence, in order to accumulate capital through dispossession. In the process of doing so, the state has problematized the contested status of urban citizenship, disenfranchising the urban dwellers of Cairo from their right to the city. Following the temporal shifts in the negotiation for urban citizenship, the …


The Family Values: Is It Really About The Family? Analyzing The Family In The Egyptian Discourse Through A Sociological Lens, Taher Sabala Jan 2023

The Family Values: Is It Really About The Family? Analyzing The Family In The Egyptian Discourse Through A Sociological Lens, Taher Sabala

Theses and Dissertations

The Egyptian state has put on its shoulders the responsibility of protecting the family and its values. But how this family, in a massive society like Egypt, can be defined? In this paper, I argue that it has never been about protecting the family. However, it is an attempt to shape the citizens into small separate hives which give the State the power to gain access to the intimate details of its citizens’ lives through which they can be easily monitored, managed, and controlled. By analyzing Michel Foucault’s work on government, power, sexuality, and family, I travel through a historical …


Cities Of God Under Occupation: Settler Colonial Practices And Pacification In The Favelas Of Rio De Janeiro And The Occupied Palestinian Territories, Amanda Pimenta Da Silva Jul 2022

Cities Of God Under Occupation: Settler Colonial Practices And Pacification In The Favelas Of Rio De Janeiro And The Occupied Palestinian Territories, Amanda Pimenta Da Silva

Theses and Dissertations

The 2002 film ‘City of God’ tells an anecdotal story of violence in the favelas of Rio de Janeiro, and is a reminder that the societies we tend to take for granted can actually be a luxury. The film portrays the daily life of the peripheries of Rio and its relation with drug trafficking, crime, and poverty, and how it has deteriorated into a war zone so dangerous that anyone risk being shot to death. Thousands of miles away from the Brazilian slums there is another so-called city of God, or the city chosen by God to be the home’s …


The Apostrophic Impasse: Diacritical Remarks On The Stories Of International Law, Legal Decolonial Genealogy And Antony Anghie’S Historiography, Britt L.A.Q. (Haadiya) Hendrix Jun 2022

The Apostrophic Impasse: Diacritical Remarks On The Stories Of International Law, Legal Decolonial Genealogy And Antony Anghie’S Historiography, Britt L.A.Q. (Haadiya) Hendrix

Theses and Dissertations

The (hi)stories of international law have strengthened the tentacles of coloniality in the legal regime as they continue to taunt the precarious lifeworlds of people, our planet and social imaginaries of an otherwise. The flow of coloniality has similarly rematerialized in decolonial legal theories and the postcolonial historiographical accounts of international law. I intend to demonstrate this colonial revival in the groundbreaking text of Antony Anghie Imperialism, Sovereignty and the Creation of International Law (2005) which challenged the (hi)stories of traditional jurisprudence. The latter was not necessarily a rejection nor negation of Western thought, because I argue that postcolonial historiography …


Zinā In The Criminal Legislation Act (1999-2000): An Evaluation Of The Implication For Muslim Women's Right In Nigeria, Paul Orerhime Akpomie May 2022

Zinā In The Criminal Legislation Act (1999-2000): An Evaluation Of The Implication For Muslim Women's Right In Nigeria, Paul Orerhime Akpomie

Theses and Dissertations

The research engages in an exploration of human rights in Islam. Human rights issues are then contrasted with international law positions. The data gotten is then used for investigating women’s human rights issues in Shariʾa penal tradition regarding zinā (adultery) in Nigeria. The re-emergence of Sharia penal codes adopted by 12 Northern states in Nigeria in 1999 as an operative Islamic law has sparked concerns about rulings amounting to stoning to death in several cases of zinā. These events raised concerns about Shariʾa penal traditions’ legality and relationship with other legal traditions operational in Nigeria, a secular political space. …


“No Masses Without Muslims’ Approval” The Crisis Of Building And Restoring Churches In Egypt: Three Case Studies From El-Minya Governorate, Sara Shaltout Feb 2022

“No Masses Without Muslims’ Approval” The Crisis Of Building And Restoring Churches In Egypt: Three Case Studies From El-Minya Governorate, Sara Shaltout

Theses and Dissertations

This thesis examined the crisis of building and renovating churches in Egypt in the light of the Church-state relation. I focused on three case studies in the El-Minya governorate that includes the largest Christian concentration in the Middle East to shed light on the existing difficulties that face Christians there regarding building a house of worship. The first case study, "church No 1", was demolished due to political conflict between Islamists and the state after the Rabaa massacre in 2013. In comparison, church No 2 asserts that Muslims' approval is a prerequisite for Christians' prayers. In addition to church No …


The Basha's Tools? Imagining Alternative Justice Futures In Egypt, Farah Ghazal Jan 2021

The Basha's Tools? Imagining Alternative Justice Futures In Egypt, Farah Ghazal

Theses and Dissertations

The dominant approach to addressing violence against women in Egypt today is carceral, or relying on the punitive instruments of the state to achieve justice (most visibly represented by the prison and police). While carceral responses are perhaps unsurprisingly advocated by state feminism, they are also promoted by what would typically be described as anti-state actors. This paradoxical entanglement takes place during what I identify as the 'carceral moment', a period marked by the intensification of political and social repression and during which incarceration appears more readily available as a solution to remedy perceived problems of governance. I argue that, …


Human Rights In Egypt: The Practical Experience, Naila Gabr Jan 1994

Human Rights In Egypt: The Practical Experience, Naila Gabr

Faculty Book Chapters

"First presented at the 1994 Cairo Papers Annual Symposium"


State, Society And Violations Of Human Rights In Egypt, Mustapha K. Al-Sayyid Jan 1994

State, Society And Violations Of Human Rights In Egypt, Mustapha K. Al-Sayyid

Faculty Book Chapters

"First presented at the 1994 Cairo Papers Annual Symposium"


The Human Rights Movement In Arab Countries: Problems Of Concept, Context And Practice, Nader Fergany Jan 1994

The Human Rights Movement In Arab Countries: Problems Of Concept, Context And Practice, Nader Fergany

Faculty Book Chapters

"First presented at the 1994 Cairo Papers Annual Symposium"


The Modernization Of Labor And Labor Law In The Arab Gulf States, Enid Hill Jan 1979

The Modernization Of Labor And Labor Law In The Arab Gulf States, Enid Hill

Faculty Books

The paper examins the topic of the modernization of labor and of labor law in the Arabian Gulf states .


Changing The Law On Personal Status Within A Liberal Interpretation Of The Sharia, Mohammed Al-Nowaihi Jan 1979

Changing The Law On Personal Status Within A Liberal Interpretation Of The Sharia, Mohammed Al-Nowaihi

Faculty Book Chapters

Many minds, multiple energies and much cooperation has gone into the creation and production of this monograph. Principally it is the outcome of a seminar on the theme of "Law and Social Change: Problems and Challenges" which was organized and co-sponsored within the general framework of the Open University Seminar Series by the Department of Sociology-Anthropology-Psychology of the American University in Cairo and the National Center for Sociological and Criminological Research. The Open University Seminar, held annually, is a forum through which members of the AUC community and interested persons from the larger Egyptian community can come together to express …