Islam and Elder Care in Egypt after the Arab Spring Uprisings: Between Divine Law and Secular Law: Quo Vadis?

An accurate and thoughtful understanding of the Islamic perception of the essential rights of elderly Muslims that considers the substantial contemporary fluctuations and adaptations of their cultural, economic, social, and emotional necessities, evolutions, and renovations calls for attention to Shari‘a (Islamic) principles and religious norms. It should be noted that a socio-cultural framework based on Islamic ideals is considered a crucial feature of Arab and Middle Eastern regions in the shaping of their political and legal support systems. In light of Islamic philosophies and code of ethics, the family remains the keystone for the sustenance of the elderly; placing the elderly, especially parents, in nursery homes or similar places is prohibited, as it represents a direct transgression of the divine Law of God. However, family unity cannot be assumed to be secure, given the new demographic and economic realities. Based on this succinct backdrop regarding the interconnection between Islam and elderly care, this article examines what Islamic elder and human rights laws propose for the needs of the elderly. Part one briefly reviews theological concepts (discourse) on ageing and old age. Part two discusses the maintenance of the elderly (parents) and their essential rights according to Islamic theory. Part three highlights an action plan (or model) for the future regional strategy on treating the elderly in Muslim countries where positive law fails or otherwise cannot insure the basic care required by Islamic law, and by vital international human rights instruments. This section will track how Shari‘a law and reasoning in this arena can be a more fruitful alternative. Finally, the paper offers conclusions on how the axiomatic view of Islamic elder law is, in essence, fashioned by religious theories, laws, and divine practice, via a critical discussion of these Islamic principles. Ultimately, I will contend that Islam constitutes an appropriate and comprehensive design for the care of elderly people, so much so that national statutes should strive to meet its criteria.