The authority of the legislator in regulating personal status matters - a comparative study

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

Praise be to Allah for his great pains, and thanks to Him Almighty for His grace and gratitude, and prayers and peace be upon the Seal of His Prophets, Muhammad - may Allah's peace and blessings be upon him - and those who followed his path until the day of his meeting, and after,,, Personal status laws play an important and very dangerous role in determining social relations, as they are the laws most relevant to the daily lives of people and the closest and most influential in the basic unit of society, i.e. the family,  It governs the affairs of the family and the relationship between its parties, as well as determines the rights and duties of each of its members and their relations, and also controls matters of marriage, divorce, inheritance and the rights of children from lineage, alimony and other matters of personal status. This was in 1955, the year that was considered fateful for personal status issues, as Law No. 462 of 1955 was issued, according to which the Sharia courts that were adjudicating on personal status issues for Muslims were abolished, as well as the abolition of sectarian councils that were adjudicating on personal status issues for non-Muslims. But before the year _ 1955 _ the judicial system in Egypt was based on the distinction between matters related to real status and those related to personal status.