Muslim family law, grounded in Quranic and Hadith teachings, governs marriage, divorce, inheritance and other family relationships. Its application in 53 Muslim-majority and minority countries varies widely due to different cultural contexts and interpretations of Islamic teachings.
Women often face financial obstacles when seeking divorce due to laws that allow men to unilaterally dissolve their marriages by repeating “talaq,” while provisions prevent them from marrying or inheriting male relatives.
Who is a Muslim?
By definition, an individual is considered a Muslim by Muslim law whether they were born into it or converted through formal conversion. Muslims believe in one and only God as well as laws which must be obeyed for living an enjoyable and fulfilled life.
Shariah (Islamic Law) is the legal system underpinning Islamic society, with roots dating back to Prophet Mohammed’s teachings in terms of Sunnat (the ways of the prophet), Ijma (consensus among scholars), and Qiyas (reasoning by analogy). Furthermore, Muslims rely on their own traditions.
Women’s groups and other advocates frequently seek to reform family law using arguments rooted in Islamic laws as justification. Unfortunately, such strategies haven’t always proven successful and it is important that we recognize their limitations. This article presents different arguments used in reform efforts as well as future challenges associated with family law reform within Muslim societies.
Marriage
Muslim family law views marriage as a contract between individuals. However, its terms are regulated by Islamic divorce law which has eight grounds for dissolution: Indulgence in vice; domestic violence; illegitimacy or adultery of either party; death of either party; ongoing disputes between the couple; illness that affects conjugal relations and tafriq (tafriq means ‘broken promise”).
Reform of polygamy is high on many women’s groups’ agenda in the Muslim world, yet addressing it has proved challenging due to strong opposition from religious establishments and conservative forces in society. Reformers have therefore adopted strategies such as creating lawful parallel contracts or stipulations in marriage contracts to restrict or require practices they cannot legally legislate through national legislation.
Egyptian law employs this strategy when prohibiting polygamy by requiring registration with a notary public of all marriages that occur without prior court approval and punishing men who violate it.
Divorce
Muslim family law regulates issues related to marriage, divorce, inheritance and spousal duties with an aim towards striking a balance between religious principles, cultural practices and legal interpretations. Modern discussions generally center around adapting traditional interpretations in accordance with social and human rights standards.
Historically, Muslim reformers have focused their efforts on advocating equality for women within family law. Sisters in Islam has sought to eradicate polygamy legally and practically; Musawah aims to expand opportunities available to Muslim women within society.
However, having an effective legal strategy does not ensure national laws will change; ultimately the advocates’ goals for women must be accepted by society at large as well as a desire for adopting more equitable interpretation of family law.
Kuwait’s Personal Status Law permits a husband to petition for talaq on several grounds that may or may not be valid under fiqh interpretations, according to an explanatory memo for this law. These stipulations don’t prevent women from seeking divorce on other grounds or restrict her financial independence.
Inheritance
Islamic law governs marriage, divorce and inheritance of Muslims. The law balances religious principles with cultural practices and legal interpretations; modern debates center around adapting traditional interpretations to contemporary social issues and human rights standards.
Inheritance can be a source of great anxiety for women. While the general property regime favors them by keeping all assets owned prior to and during a marriage as hers, unclear property definitions may present difficulties, particularly in cases of mixed or double marriage where one couple first married under civil law before converting to Islam and then remarrying according to Syariah law.
Success of family law reform has relied heavily on Islamic arguments to justify and convince public opinion of necessary changes, but many advocacy goals remain unfulfilled and there’s little promise for significant transformation soon – for instance, abolishing polygamy will require significant ideological commitment from reform advocates as well as political capital from governments.
