Information on how authorities and the general population would treat a Muslim woman who committed adultery, and whether the authorities would provide protection for such a woman [EGY14818]

Information on this specific subject is currently unavailable to the DIRB; however, the following general information may be useful.

According to an official of the Arab League Information Centre in Ottawa, adultery is considered by Muslims in Egypt to be a very serious charge. As a result, a charge must be made and proven not just by the husband but by at least two witnesses (9 Aug. 1993). The same source states that it is in general difficult to prove adultery, and adultery-related divorces are rare. The official would not speculate about the consequences for a woman found guilty of adultery. First of all, such a charge is difficult to prove, and second, Muslim divorces are not easily obtained in Egypt.

Islam is the state religion in Egypt and Islamic law is central to the personal status of Egyptians (Country Reports 1992 1993, 990, 997). Egyptian law on Muslim marriage is based on the Shari'ah and recognizes marriage as a "highly religious sacred covenant" which is fundamental to social organization (El Alami 1992, 11; Esposito 1982, 16). Under Islam, divorce is not viewed positively (Esposito 1982, 29).

According to the Shari'ah, the primary duty of a spouse is to be faithful and chaste, so any extra-marital relationship would constitute adultery and could lead to divorce (Nasir 1990, 38). On the other hand, modern Egyptian family law makes it easier for women to obtain divorce and to stop "abuses that have crept into Muslim practice" (Esposito 1982, 53, 61-63). The areas most targeted by reforms were judicial divorce for women and a limit to husbands' ability to repudiate wives (Ibid.). However, the source does not mention what kind of protection if any is given to adultery-related divorced women, nor does it state the public perceptions of such women. Notwithstanding the intentions of the 1979 reform amendments, penalties for non-compliance are relatively light (Ibid., 62-63).

According to Modernizing Women: Gender and Social Change in the Middle East, family honour in the Middle East and North African countries is linked to the sexual conduct of its female members (1993, 114). To understand the effect of Islam on the personal status of women, one must recognize the differences in socio-economic standing among Middle Eastern Muslim women (Ibid., 115). The source identifies six kinds of women in the region: the nomadic, traditional rural, changing rural, small town, newly urbanized squatter, and urban middle class professionals and housewives (Ibid.). Family form and composition varies across these groups (Ibid.). Attitudes and practices are usually strongest in the countryside, but elsewhere they are being undermined by poverty, migration and the market economy (Ibid., 116).

The ultimate goal of the Egyptian feminist movement, which is the oldest in the Arab world, is to improve the lot of women (Shreir 1988, 79-81 ). However, because of its raison d'être, the movement has had a history of feeding Islamist conservative or fundamentalist reaction (Moghadam 1993, 158-159). The Islamists regard attempts to end the sexual oppression of women in the Islamic state as taboo (Ibid.). Raising this subject has always lead to "intense popular criticism" and it appears that any increase in women's causes has also led to a rise in conservative Islam (Ibid.).

Additional and/or corroborative information on the requested subject could not be found among the sources currently available to the DIRB in Ottawa.

References

Arab League Information Centre, Ottawa. 9 August 1993. Telephone interview with official.

Country Reports on Human Rights Practices for 1992. 1993. U.S. Department of State. Washington: U.S. Government Printing Office.

El Alami, Dawoud Sudqi. 1992. The Marriage Contract in Islamic Law in the Shari'ah and Personal Status Laws of Egypt and Morocco. London: Graham and Trotman.

Esposito, John L. 1982. Women in Muslim Family Law. Syracuse, NY: Syracuse University Press.

Moghadam, Valentine M. 1993. Modernizing Women: Gender and Social Change in the Middle East. Boulder, Co: Lynne Rienner Publishers.

Nasir, Jamal J. 1990. The Status of Women Under Islamic Law and Under Modern Islamic Legislation . London: Graham and Trotman.

Women's Movements of the World: An International Directory and Reference Guide. 1988. Edited by Sally Shreir. London: Longman Group UK Ltd.

Attachments

El Alami, Dawoud Sudqi. 1992. The Marriage Contract in Islamic Law in the Shari'ah and Personal Status Laws of Egypt and Morocco. London: Graham and Trotman.

Esposito, John L. 1982. Women in Muslim Family Law. Syracuse, NY: Syracuse University Press.

Moghadam, Valentine M. 1993. Modernizing Women: Gender and Social Change in the Middle East. Boulder, Co: Lynne Rienner Publishers.

Nasir, Jamal J. 1990. The Status of Women Under Islamic Law and Under Modern Islamic Legislation. London: Graham and Trotman.

Women's Movements of the World: An International Directory and Reference Guide. 1988. Edited by Sally Shreir. London: Longman Group UK Ltd.