이집트의 <쿨으>법 도입을 통해 본 ‘이슬람 페미니즘’의 가능성과 한계
Possibilities and limitations of 'Islamic Feminism' Focused on the Adoption of <Khul'> Law in Egypt
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This study examined the characteristics of the 'Islamic Feminism'. The legal status of women in Egypt has been improved by the adoption of the <Khul'>law in 2000. Before the <Khul'> law, married women had frequently been threatened a unilateral divorce by their abusive husbands. Therefore, the adoption has influenced the improvement of women's legal status even if <Khul'> has disadvantages such as giving back Maḥr to their husbands in exchange for the divorce. Furthermore, more crucial point is that its influence has been widely spreading among other muslim countries because of its legitimacy based on Qur'ān and the ḥadīth. The results of the study are as follows. First, the feminist movement led by western-educated elites was not supported by majority of the people. However, 'Islamic Feminism' based on religious islamic tradition made legal reform possible recently. From 1987, women activists joined to lawyers to promote the new family law. Also, the discourse processed during the procedure of the introduction of the <Khul'> law showed that majority of religious leaders and Egyptian governmentcould not deny the <Khul'>. Government, the ruling party and some islamic jurists were with the women leaders while the opposition parties and other islamic scholars were against the passage. With the possibility of reinterpretation of the islamic law, 'islamic feminism' became one of the influential factor for the reform. In this sense, the introduction of the new divorce law means that the novel era has been opened for women's emancipation in muslim society.
Abstract
This study examined the characteristics of the 'Islamic Feminism'. The legal status of women in Egypt has been improved by the adoption of the <Khul'>law in 2000. Before the <Khul'> law, married women had frequently been threatened a unilateral divorce by their abusive husbands. Therefore, the adoption has influenced the improvement of women's legal status even if <Khul'> has disadvantages such as giving back Maḥr to their husbands in exchange for the divorce. Furthermore, more crucial point is that its influence has been widely spreading among other muslim countries because of its legitimacy based on Qur'ān and the ḥadīth. The results of the study are as follows. First, the feminist movement led by western-educated elites was not supported by majority of the people. However, 'Islamic Feminism' based on religious islamic tradition made legal reform possible recently. From 1987, women activists joined to lawyers to promote the new family law. Also, the discourse processed during the procedure of the introduction of the <Khul'> law showed that majority of religious leaders and Egyptian governmentcould not deny the <Khul'>. Government, the ruling party and some islamic jurists were with the women leaders while the opposition parties and other islamic scholars were against the passage. With the possibility of reinterpretation of the islamic law, 'islamic feminism' became one of the influential factor for the reform. In this sense, the introduction of the new divorce law means that the novel era has been opened for women's emancipation in muslim society.
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