Il diritto di visita dei nonni come applicazione degli obiettivi della sharia Nota e Traduzione della Sentenza della Corte costituzionale suprema egiziana del 12 maggio 2013, n. 37/xxxiii

Translated title of the contribution: Grandparents’ Visitation Rights as an Application of the Objectives of Sharia. Translation and Annotation of the Supreme Constitutional Court’s Ruling of 12 May 2013, in the Case 37/xxxiii.

Research output: Contribution to journalArticlepeer-review

Abstract

How can an issue unaddressed by pre-modern jurists be dealt with when the legislature’s choice is challenged by a citizen for breach of the principles of sharia? In 2013, the Egyptian Supreme Constitutional Court seemed to have had no qualms in declaring grandparents’ visitation rights an application of such principles, even in the absence of compelling textual evidence in support. The ruling offers an example of the adaptability and resilience of the principles of sharia (including with respect to the issue of the elderly), while needing to be properly contextualized in order to appreciate the grounds for its decision and its potential long-term consequences.

Translated title of the contributionGrandparents’ Visitation Rights as an Application of the Objectives of Sharia. Translation and Annotation of the Supreme Constitutional Court’s Ruling of 12 May 2013, in the Case 37/xxxiii.
Original languageItalian
Pages (from-to)187-210
Number of pages24
JournalQuaderni di Diritto e Politica Ecclesiastica
Volume31
DOIs
Publication statusPublished - Dec 2023
Externally publishedYes

Keywords

  • Egypt
  • Grandparents
  • Sharia
  • Supreme Constitutional Court
  • Visitation Rights

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