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The Expert Witness in Islamic CourtsMedicine and Crafts in the Service of Law$
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Ron Shaham

Print publication date: 2010

Print ISBN-13: 9780226749334

Published to Chicago Scholarship Online: March 2013

DOI: 10.7208/chicago/9780226749358.001.0001

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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: 27 July 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

Chapter:
(p.121) Chapter Five Revealing the Secrets of the Body: Litigants, Courts, and Modern Medicine in Egypt
Source:
The Expert Witness in Islamic Courts
Publisher:
University of Chicago Press
DOI:10.7208/chicago/9780226749358.003.0006

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

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