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.
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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.
Keywords
- Visitation Rights
- Grandparents
- Sharia
- Supreme Constitutional Court
- Egypt
