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1. DIMENSION OF INTEGRATION BETWEEN POSITIVE LAW AND TRADITIONAL NATIONAL CULTURE

The Egyptian code on personal status in its Islamic aspect which represents the laws governing non-Moslems is the ideal area of integration between the traditional legal culture and the legal edifice as a whole, because this subsidiary system has a functional role in governing personal relations.

But despite the recurrent call for changing this system to suit the societal changes and the relations prevailing in the family as a social institution, the relationship between husband and wife, rights and obligations of both parents and their effects on children, the fruit of marriage, issues such as divorce, custody and alimony, as well as the reforms introduced through the most recent law which amended certain of its fundamental provisions – despite all the issues, yet this area has withstood radical or structural change. In fact this area represents the core of the Shari'a system next to the system of hudud, which is an area of great importance to the ulemas and to the fundamentalist institution.

We have earlier dealt with the system of personal status, its historic development and the amendments which were introduced to it.

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Source: Chiba Masaji (ed.). Asian Indigenous Law: In Interaction with Received Law. Routledge,2013. — 430 p.. 2013

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