Gender Equality in the Arab and Muslim World: Whither Post-Revolutionary Egypt?

Gender Equality in a Global Perspective (Routledge Advances in Management and Business Studies, (Chapter 3, London & New York)

23 Pages Posted: 23 Jan 2017

See all articles by Mohamed A. Arafa

Mohamed A. Arafa

Universidade de Brasília (UnB); Cornell University - Law School; Alexandria University - Faculty of Law; Indiana University Robert H. McKinney School of Law

Ahmed El-Ashry

Alexandria University - Faculty of Law

Date Written: January 19, 2017

Abstract

Gender equality is a natural right, for all human beings are born free and equal. However, this has not always been recognized in laws and social practice. Power has often superseded inherent rights. Modern civilizations are still trying to recover from the resulting injustice and to restore natural inherent rights. However, each community is distinctive, imprinted by factors which affect restoring those rights. Egypt has striven to restore gender equality as a natural right since the emergence of the feminist movement in the 1919 revolution. Gender equality has survived, managing to advance within a relatively close community. Historical factors have contributed to shape the emerging concept of gender equality, its legal regulation and its impact in practice.

Equality in essence does not always indicate justice. Justice, in this respect, is a much broader concept which moves beyond equality as “sameness of rights” to accommodate not only objective elements, but also personal elements. 1- As a result, justice does not always entail sameness of rights. The term “gender justice” would be more adequate, particularly in Egypt where equality in the sense of “sameness of rights” would not be agreed upon under the Islamic Shari’a. 2- It acknowledges differences between men and women in some matters and, accordingly does not provide the same rights to men and women. In other words, the Islamic Shari’a assigns different rights to men and women in some matters of personal status, specifically marriage, divorce and inheritance. Such provisions only apply to Muslims of the state where Christians and Jews are governed by the principles of their religions. Shari’a principles apply only to those who believe in Islam and they are not mandatory to non-Muslims.

Gender inequality in various aspects of life was a strong motive leading women to actively participate in the January 25, 2011 revolution. A broad concept of social justice was an essential demand of the massive protests in the revolution. Social injustices, inefficient policies, lack of freedom and democracy, and deteriorating conditions have been barring a great nation, two-thirds of which are youth, from development and progress. Unfortunately, the uprising could not achieve what people aspired to. Rather, political instability has dominated the situation in Egypt since 2014, which has negatively impacted the society in various fields, including the empowerment of women. To give a more elaborate analysis of gender equality in Egypt, part one of this chapter will briefly review the legal development of gender equality since its modern emergence in the context of the surrounding environment. It will also highlight the impact of international programs operating for the promotion of gender equality. Finally, it will discuss the factors characterizing the Egyptian society and how they influence shaping the advancement of the equality principle. Part two will give a clear view of the legal framework of gender equality in various fields of politics, economics, employment, health, education and personal status. It additionally will examine the efficacy of the legal regulation of gender equity and governmental policies in practice within statistical evidence. Finally, a conclusion will present the key findings summing up practical implications, implementation issues, and to what degree the nature of Egyptian society would accommodate gender equality. It also will provide recommendations on further promotion of gender justice and empowerment of women.

Keywords: Gender, Equality, Islamic Law, Constitution, Family Law, Human Rights, Universal, Egypt, Divorce, Inheritance

Suggested Citation

Arafa, Mohamed A. and Arafa, Mohamed A. and El-Ashry, Ahmed, Gender Equality in the Arab and Muslim World: Whither Post-Revolutionary Egypt? (January 19, 2017). Gender Equality in a Global Perspective (Routledge Advances in Management and Business Studies, (Chapter 3, London & New York) , Available at SSRN: https://ssrn.com/abstract=2901853

Mohamed A. Arafa (Contact Author)

Universidade de Brasília (UnB) ( email )

Campus Universitário Darcy Ribeiro
Asa Norte
Brasília, Distrito Federal 70910-900
Brazil

Cornell University - Law School ( email )

Myron Taylor Hall
Cornell University
Ithaca, NY 14853-4901
United States

Alexandria University - Faculty of Law ( email )

Moustafa Mousharafa Street
Soter
Alexandria
Egypt

Indiana University Robert H. McKinney School of Law ( email )

530 West New York Street
Indianapolis, IN 46202
United States

Ahmed El-Ashry

Alexandria University - Faculty of Law ( email )

Moustafa Mshrafa st.
Souter
Alexandria
Egypt

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