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SOCC29H3 (20)

SOCC29 LEC 8.docx

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Rania Salem

KEYTERMS FROM CUNO Mubara’a: initiated unilaterally by women claiming harm by husband Khul: initiated by the women who gives up financial rights to husband Promt dower (mahr), gives up right to deferred dower (sum of money he has to pay to wife upon divorce of death), also gives up right to maintenance (allamony) Talaq: initiated by men and there are no conditions (Repudiation): had to be pronounced 3 times (“you are now divorced”) and then they are officially divorced and cannot be taken back KEYARGUMENTS FROM CUNO Because people value stability of marriage, divorce is becoming less prominent In middle east, divorce rates are on a downward trend where in western societies they are on an upward trend CUNO: THE HISTORICALTRAJECTORY OF DIVORCE RATES IN EGYPT In 19 century, European travelers to Egypt crtitized the fact that divorce was so common Egypt has higher divorce rate Mid 1940’s: divorce was less common Meantime in the West, divorce became more prevalent because of shifting… a. Social attitudes b. Legal regulations: making divorce more accessible Social attitudes allowing for divorce came first and then the liberalization in laws governing divorce followed What happed in Egypt? Why did divorce decline in Egypt? Modernization, idealization (changes in ideas), and law changes Cuno favoured idealization CUNO: EXPLINAING DECLINING DIVORCE IN EGYPT The development/modernization thesis (goode) Urbanization, mass education, non agricultural work opportunities, and western cultural influences have spurred behavioural and attitudinal changes Led to 2 changes regarding divorce: a. Behavioural: family elders exercise less control over spouse choice, leading to less divorce b. Attitudinal: modern family ideals such as nuclear companionate marriages lead to less divorce Goode predicted that in high divorce countries like Egypt, divorce would decline at first (because of the factors listed above), then rise as people come to value individualism and personal freedom The ideational change these (thornton) People in developing countries imitate the modern family patterns of the west Egypt looks to the west to see a great deal of material comfort and imitate their family forms because they think that its related to material comfort This kind of attitudinal change occurs independently of structural changes like urbanization Ideas about idea family are ones that wold have disseminated to developing countries regardless of whether there was structural changes or not The legal restrictions thesis (cuno) Declining divorce rates are not due to legal changes making it more difficult to obtain divorce today Measures facilitating divorce since 1935: women can noe obtain divorce if they can prove harm (Mubara’a), women can now initiate divorce if they give up financial entitlements (khul), men have continued to enjoy the right to unilaterally divorce wives and laws requiring husbands to leave the family apartment to their divorced wives are not enforced Measures restricting divorce since 1935: a triple repudiation pronounced by a husband could be revoked; if he uttered a triple divorce in anger or frustration, it would not count as a final d
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