How is sharia family law administered through modern national courts in Egypt and Tunisia?

In Egypt and Tunisia, the administration of sharia (Islamic law) regarding family matters has undergone significant modernization. In both countries, separate sharia courts have been abolished, and family law is now administered through a unified system of national civil courts.1

Administration in Egypt

Egypt maintains a court structure where personal status issues—such as marriage, divorce, and inheritance—are adjudicated by civil courts. While these courts operate under a system influenced by French law, they continue to incorporate statutes derived from sharia. To address modern social needs, Egypt has adapted traditional rules; for instance, it codified Maliki school provisions to allow wives to petition for divorce due to cruelty or abandonment, expanding upon the traditional Hanafi rules.234

Administration in Tunisia

Tunisia has taken a more radical approach to reform. Following the introduction of the Code of Personal Status in 1956, the state has actively used ijtihād (independent legal reasoning) to modernize family law. Notably, the Tunisian law prohibits polygamy and mandates that all divorces must be processed through a court of law, abolishing extrajudicial repudiation. These reforms reflect a commitment to gender equality, which is further supported by the country's constitution.35