Tricks, traps and grey zones: A comparative analysis of Egypt’s unique approach to marriage registration in relation to Tunisia and Jordan

Abstract

The process of law making and legal reform started in Arab countries during the mid-19th century. Marriage registration was adopted as a standard procedure in Arab legal systems. Nowadays, however, several countries witness non-compliance with this procedure. This dissertation examines the law of marriage registration in Egypt. The key argument proposes that Egypt occupies a unique and highly complex position compared to its neighboring countries Tunisia and Jordan. This is considered through (i) the implementation and consequences of the rule requiring marriage registration and (ii) the legal status of marriages which do not comply with the registration requirement. This thesis presents original and interdisciplinary research based on key literature, archival material, personal interviews and court visits. It was found that the specific historical, religious and political circumstances of Egypt produced the conditions for a marriage registration law that is situated on the threshold between a secular system and the Islamic tradition. Only ‘tricks, traps and grey zones’ in the legal system allowed Egypt to incorporate various interest groups into its national legislation. This thesis offers further insight into the challenges each country faces with codifying marriage registration in tension with a pluralistic society on the one hand and the dominance of religious law on the other. In conclusion, it is suggested that the Egyptian approach became a distinct Egyptian legal feature.