@article{fdi:010053931, title = {{D}ivorce and remarriage of orthodox copts in {E}gypt : the 2008 state council ruling and the amendment of the 1938 personal status regulations}, author = {{B}ernard-{M}augiron, {N}athalie}, editor = {}, language = {{ENG}}, abstract = {{I}n {J}une 2008, the 1938 {P}ersonal {S}tatus {R}egulations for the {C}optic {O}rthodox {C}hurch in {E}gypt were amended to limit the grounds for divorce to adultery and change of religion. {T}his revision followed a ruling of the {S}tate {C}ouncil requiring {P}ope {S}henouda {III}, the head of the {C}optic {O}rthodox {C}hurch, to grant a divorced {O}rthodox {C}opt a license to remarry. {T}he amendments ended a long-standing conflict between the {E}gyptian national courts and the {C}optic {O}rthodox {C}hurch regarding the effects of judicial divorce: prior to the revision, thousands of couples divorced before the courts were considered by the {C}hurch to be still married. {H}owever, by restricting the possibilities for {O}rthodox {C}opts to obtain a divorce, the 2008 amendments may lead to an increase in conversions to other religious faiths to escape application of the revised 1938 regulations. {I}n this essay, {I} analyze the 2008 amendments, the {S}tate {C}ouncil ruling, landmark decisions of the {C}ourt of {C}assation, comments by legal scholars and articles in newspapers, in an effort to assess the current status of divorce and remarriage among {O}rthodox {C}opts in {E}gypt and the problems generated by the application of conflicts rules between non-{M}uslim personal status laws in case of inter-religious marriages. {A}t the end of the essay, {I} mention developments that took place in {J}une 2010 after the release of a new ruling by the {S}tate {C}ouncil.}, keywords = {{DIVORCE} ; {ETAT} {MATRIMONIAL} ; {MARIAGE} ; {STATUT} {JURIDIQUE} ; {GROUPE} {RELIGIEUX} ; {LEGISLATION} ; {REMARIAGE} ; {COPTE} {ORTHODOXE} ; {EGYPTE}}, booktitle = {}, journal = {{I}slamic {L}aw and {S}ociety}, volume = {18}, numero = {3-4}, pages = {356--386}, ISSN = {0928-9380}, year = {2011}, DOI = {10.1163/156851910{X}537829}, URL = {https://www.documentation.ird.fr/hor/fdi:010053931}, }