이집트와 튀니지의 가족법 비교 연구 = A Comparative Study on The family Law between Egypt and Tunisia

다국어 초록 (Multilingual Abstract)

In general, the Islamic world has been considered as one infringing upon the women's rights. In these Islamic countries, however, the customs reflecting the infringement of women's rights such as 'honour crime', polygamy, Hijãb covering over the whole body, the women's circumcision, etc. have been exaggerated or distorted through the orientalism. In fact, it is the family law that mostly effects on the women's rights in the current Islamic world, The some countries pursuing the secular policy such as Turkey have removed the religious laws for the western law system, while the other countries with the Gulf including Saudi Arabia and United Arab Emirates, and Iran are practicing the conservative laws based on the customs. We should keep in mind that most Islamic countries still follow SarI'ah, the religious Islamic law, as the family law even though their regimes are secularized. In Egypt, for example, although most laws including its regime are secularized, the family law is practiced on the base of the custom of Shari'ah. On the other hand, Tunisia has succeeded in reforming the family law based on the western one, with keeping the Islamic identity. The omparative study on the family law between traditional Egypt and reformative Tunisia will be important in the view that it will be helpful in the positive reformation of the family law in the Islamic countries.
this thesis aims at studying whether the women's rights in the Islamic world could be improved through the amendment of the family law. Therefore, we will make a comparative study on the family law between Egypt and Tunisia. First of all, the characteristics of Islamic traditional family laws will be studied. Especially, we will focus on the Hanafi and maliki from which the family laws of Egypt and Tunisia are derived. The family law of Egypt has been based on the Hanafi, while that of Tunisia has been derived from Maliki, so that their current family laws differ after several amendments. Second, the political, social, cultural changes in Egypt and Tunisia will be studied through diachronic studying of the establishment of the each country's family law, and their particular backgrounds in their law's amendments. Third, the specific problems related to the family laws will be searched through making comparative studying the essential contents of the family law between Egypt and Tunisia. In the part of conclusion, we will compare the family laws as a whole in Egypt and Tunisia, whereby we will present the positive direction of family laws in the Islamic countries.

목차 (Table of Contents)

• Ⅰ. 서론
• Ⅱ. 이집트와 튀니지의 전통적 가족법
• Ⅲ. 이집트와 튀니지 가족법의 제정 및 개정
• Ⅳ. 이집트와 튀니지 가족법의 주요 내용 비교
• Ⅴ. 결론