Jump to ContentJump to Main Navigation
The Expert Witness in Islamic CourtsMedicine and Crafts in the Service of Law$
Users without a subscription are not able to see the full content.

Ron Shaham

Print publication date: 2010

Print ISBN-13: 9780226749334

Published to Chicago Scholarship Online: March 2013

DOI: 10.7208/chicago/9780226749358.001.0001

Show Summary Details
Page of

PRINTED FROM CHICAGO SCHOLARSHIP ONLINE (www.chicago.universitypressscholarship.com). (c) Copyright University of Chicago Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CHSO for personal use.date: 16 September 2021

Revealing the Secrets of the Body: Litigants, Courts, and Modern Medicine in Egypt

Revealing the Secrets of the Body: Litigants, Courts, and Modern Medicine in Egypt

(p.121) Chapter Five Revealing the Secrets of the Body: Litigants, Courts, and Modern Medicine in Egypt
The Expert Witness in Islamic Courts
University of Chicago Press

This article focuses on the incorporation, through expert witnessing, of evidentiary findings based on modern medicine into family (and civil) law litigation in Egypt. It considers litigants' strategies regarding the use of documents based on modern medical inspections in the litigation process to promote their individual interests. Analysis of court practice illustrates the extent to which law can change while retaining its traditional categories and concepts, such as “prejudice caused to a wife by her husband” or “mortal sickness.” Drawing on twentieth-century shari'a and civil court decisions, the article examines modern medical inspections that serve as evidence in family law cases. It asks why judges accept certain kinds of medical inspections but are simultaneously reluctant to accept other types of inspections. It describes the legal construct of mortal illness and reveals a growing tendency among litigants to support their claims concerning such illness with medical documentation such as protocols of medical tests, hospitalization reports, expert medical opinions, and death certificates.

Keywords:   expert witnessing, Egypt, medicine, litigation, medical inspections, mortal illness, family law, evidence, litigants, judges

Chicago Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.