Women’s Rights Under International, American, Islamic, and Egyptian Law: An Irresolvable Conflict?

Mohammad Ibrahim, J.S.D., Chief Justice at Egypt's appellate courts, previously served as a police officer and prosecutor. He holds a J.S.D. from St. Thomas University, Magna Cum Laude, and LL.M. degrees from Ain-Shams University and St. Thomas University, Cum Laude.

• ContentsForewordAcknowledgmentsIntroduction1 The Right to Abortion1 Abortion under International LawA Pro-choice ArgumentsB Pro-life ArgumentsC Comparison between Regional Systems2 Abortion under American LawA The Legal Basis of Women’s Right to AbortionB The Partial-Birth Abortion Ban Act of 2003C Gonzales v. Carhart (2007)D Dobbs v. Jackson Women’s Health Org. (2022)3 Abortion under Shari’aA The Prohibition of Murder in IslamB The Juristic Consensus on the Prohibition of Abortion after the First 120 Days of PregnancyC The Juristic Dispute over Abortion during the First Four Months of Pregnancy4 Abortion under Egyptian LawA The Crime of Abortion in Egyptian LawB Arguments for Exceptions5 Concluding Analysis of Abortion Rights2 Women’s Right to Equality in employment1 Women’s Right to Work under International LawA The Right to Equal Treatment before the LawB The Right to Work and Equal Treatment in EmploymentC ilo Non-discrimination and Equality StandardsD Protection against Pregnancy Discrimination in the Workplace and Special Protection during PregnancyE Cases of Equal Pay under EU Gender Equality LawF Cases of Equal Treatment under EU Gender Equality Law2 Women’s Right to Work Under American LawA Equal Pay in American LawB Equal Treatment in American LawC Disparate Treatment DiscriminationD The Supreme Court’s Mixed-Motives Analysis under Title vii (Price Waterhouse v. Hopkins)E The Civil Rights Act of 1991F Disparate Impact DiscriminationG The Gender-Based Disparate Impact Case (Dothard v. Rawlinson)H Pregnancy Discrimination Act (PDA)I Challenges under Title vii after the PDA3 Women’s Right to Work under Shari’aA The First Perspective: Restricting Women’s Right to WorkB Arguments of the Strict ViewC The Second Perspective: Supporting Women’s Right to WorkD Refuting the Arguments of the Strict View4 Women’s Right to Work under Egyptian LawA Women’s Right to Employment Equality under the LawB Restrictions on Women’s Right to Travel and Work AbroadC Women’s Exclusion from Major Positions in Egypt5 Concluding Analysis of Women’s Right to Equality in Employment3 Women’s Right to Wear Islamic Clothing1 The Duty of Islamic Clothing under Shari’aA The Controversy between Hijab and NiqabB Hijab Is the Mandatory Islamic ClothingC Why Do Many Muslim Women Wear Islamic Clothing?2 Women’s Islamic Clothing under Egyptian LawA Principles of the Egyptian Constitution Relating to Women’s Islamic ClothingB Decisions of High Courts3 Women’s Islamic Clothing under International LawA International Protection of the Right to Free Manifestation of ReligionB Regional Protection of the Right to Free Manifestation of Religion4 Women’s Islamic Clothing under American LawA An Overview of Muslim Women in the U.SB Title vii of the Civil Rights Act (EEOC v. Abercrombie & Fitch Stores, Inc (2015))C The Free Exercise ClauseD Supreme Court Cases on the Right to Free Exercise of ReligionE Lower Court Cases on Women’s Islamic DressF Appraisal5 Concluding Analysis of Women’s Right to Wear Islamic ClothingConclusionsIndex