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Muslim Family Law Reforms in Jurisdiction other than
the Indian Sub-Continent
Collected by BdLawSource.Com
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INTRO!CTION
Total and unqualified submission to the will of Allah is the fundamental tenet of
Islam: Islamic law is therefore the expression of Allahs command for !uslim society
and" in application" constitutes a system of duties that are incumbent upon a !uslim
by #irtue of his reli$ious belief. %nown as the Sharia &literally" 'the path leadin$ to
the waterin$ place()" the law constitutes a di#inely ordained path of conduct that
$uides the !uslim toward a practical expression of his reli$ious con#iction in this
world and the $oal of di#ine fa#our in the world to come.
!uslim *amily Law &!*L)" which includes all matters of inheritance for !uslims" is an
inte$ral part of a rich" complex and hi$hly sophisticated system of Islamic
+urisprudence &commonly ,nown as Sharia) that can be traced bac, to the -th and
.th centuries C./.Sharia is the fundamental reli$ious concept of Islam. Si$nificant
theolo$ical and +urisprudential differences existed from the #ery be$innin$ not only
between Sunni and Shia !uslim +urists" but also amon$ the different schools of
thou$ht of each tradition" and indeed within the same school of thou$ht &Madhahib"
sin$. Madhhab). The early +urists not only accepted serious disa$reement and
difference of opinion" but in fact expressly described them as a si$n of the $race of
0od. It is true that those +urists probably assumed that there ought to be one #alid
interpretation of 1uran and Sunna &traditions of the 2rophet) leadin$ to the
formulation of body of Sharia principles. In this li$ht" the notion of an immutable
body of principles of Sharia as uni#ersally bindin$ on all !uslims for eternity was
utterly inconcei#able to the early +urists" notwithstandin$ subsequent claims that
such a body of principles exists. This appreciation of traditional Sharia as a
historically conditioned interpretation and understandin$ of Islam is crucial for the
possibilities of alternati#e modern formulations of !*L that would be fully consistent
with modern international standards of human ri$hts and the ri$hts of women in
particular.
Since that formati#e sta$e" Islam $radually spread throu$hout the world" with
different schools and +urists alternatin$ in influence amon$ Islamic communities. *or
example" the Shafii School mi$ht displace the !ali,i School in one re$ion" and be
displaced by it or by the 3anafi School in another. The fact that the same school
pre#ails in se#eral communities does not mean that they all follow the same specific
lines of +uridical thin,in$ within that school. Si$nificant #ariations in the theory and
practice of !*L due to such #ariables as differences amon$ Islamic countries and
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communities in terms of cultural patterns" sociolo$ical trends" demo$raphic factors"
economic de#elopment and political stability.
0enerally spea,in$" !*L is applied today in almost all predominately Islamic
countries. /#en where !*L is not enforced by official state courts" its principles are
informally obser#ed by !uslims as a matter of reli$ious obli$ation and #ital concern.
4hether formally or informally" !*L $o#erns matters of marria$e" matrimonial
relations and maintenance" di#orce" paternity and custody of children" inheritance
and related matters for more than a billion !uslims throu$hout the world. In this
sense" one can say that the broad principles of !*L" and their basic assumptions and
rationale" constitute the most widely applied system of family law in the world today.
But that does not mean" howe#er" that the same !*L principles apply e#erywhere. As
already noted" there are si$nificant differences amon$ the #arious schools of Islamic
+urisprudence which pre#ail in different Islamic countries. Besides the ob#ious
differences between Sunni and Shia communities which sometimes coexist within the
same country" different schools and opinions may be followed the !uslim public
within the same country . !oreo#er" +udicial practice may not necessarily be in
accordance with the school obser#ed by the ma+ority of the !uslim population in the
country.
!oreo#er" a #ariety of social conditions or customary practices sometimes ha#e the
effect of reformin$ the consequences of strictly le$al enforcement of !*L in different
countries and communities. *or example" there are indications that distribution of
shares in inheritance" especially for women" is sometimes indefinitely postponed to
a#oid fra$mentation of the estate of the deceased" while by Sharia principles an
informal arran$ement for sharin$ benefits is supposed to achie#e similar results.
Some of these practical modifications or adaptations of !*L may in fact be more
beneficial or detrimental to women and children than strict application of the law. But
the problem is that the current state of ,nowled$e in the field does not permit well5
informed #erification of such claims. !oreo#er" it seems clear that i$norance"
misunderstandin$" bias" ulterior moti#es or wider political a$endas by all sides are
obstructin$ positi#e reform initiati#es in many Islamic societies. At present !*L has
become the contested $round between conser#ati#e and fundamentalist $roups" on
the one hand" and modernist and liberal $roups" on the other.
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O"J#CTI$#
The ob+ecti#e of the research is to #erify" understand and document the precise scope
and nature of the application of !*L in a sample cross5section of Islamic countries
and communities around the world. It is also to promote positi#e and sustainable
!uslim *amily Law reform in different parts of the world. In particular" the research
see,s to explore possibilities of $eneratin$ internal theolo$ical" le$al as well as
political support for !uslim *amily Law &!*L) reforms. It is from this perspecti#e to
expect that certain aspects of !*L ha#e not ,ept pace with the de#elopment of the
societies they are supposed to ser#e. !oreo#er" the ob+ect is not simply to identify
such problems or critici6e aspects of the theory and practice of !*L from the point of
#iew of the human ri$hts of women and children. 7ather" the declared and explicit
ob+ecti#e of this research is actual en$a$ement in theolo$ical" le$al and political
debates about what !*L reforms ha#e made and how it is practicin$.
M#T%OOLO&'
The research is based on library research" boo,s" publications" +ournals" concerned
scholars" policy ma,ers" and social +ustice $roups and womens and human ri$hts
acti#ists.
M!SLIM F(MIL' L() ISS!#S (N ITS R#FORMS
Islam8s contributions to this sub+ect are a li#in$ tribute to the stren$th of the *aith to
protect and enhance the status of the *amily as the crucial nucleus of our
ci#ili6ation8s ci#ic life. The 1uran contains many direct commands for the purpose of
,eepin$ the *amily in tact. Such mandates apply re$ardless of $eo$raphy or ethnic
specificity as such instructions are bindin$ on e#eryone.
*
This research is to produce
a concise" brief document that indicates best practices and reforms in the application
and implementation of family law in !uslim countries. Thereby" the positi#e
de#elopments that are occurrin$ in the !uslim world8s le$islati#e and +udicial practice
better ,nown and a#ailable to other states and practitioners that are $rapplin$ with
the same issues. This document is not meant to be either prescripti#e or an
exhausti#e record of all family law in all !uslim countries.
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The literature re+iewed the laws and family codes of Al$eria" /$ypt" Indonesia"
Iran" 9ordan" Lebanon" !alaysia" !orocco" Syria" Tunisia" and Tur,ey. 7eferenced
statistics and comparable data often extend beyond these countries: we ha#e
indicated the scope of those statistics when used" indicatin$ whether comparisons are
with the entire !iddle /ast and ;orth Africa &!/;A) re$ion" the Arab 4orld" or
countries with !uslim ma+ority populations more broadly.
The 7A;< Corporation and the 4oodrow 4ilson International Center for Scholars
be$an collaboration on this pro+ect in !arch =>>? under the +oint leadership of 3aleh
/sfandiari" <irector of the !iddle /ast 2ro$ram at the 4ilson Center" and Cheryl
Benard" Senior 2olitical Analyst and <irector of the Initiati#e for !iddle /astern @outh
at the 7A;< Corporation. A team of researchers compared the constitutions and
family law codes of the A= !uslim countries listed abo#e on topics ran$in$ from
issues of marria$e and di#orce to le$al ri$hts and #iolence a$ainst women. 7esearch
included a re#iew not only of written laws but also of their application" with reference
to secondary literature on the topic.

A
A leadin$ author" sums up such totality of obli$ations qua the family by sayin$:
'The family bond entails mutual expectations of ri$hts and obli$ations that are
prescribed by reli$ion" enforced by law and obser#ed by $roup members. These
pertain to identity and pro#ision" inheritance and counsel: affection for the youn$
M(RRI(&#
*or !uslims" the institution of marria$e is re$arded as extremely important. !uslims
marria$es are contracts of a relati#ely simple nature which only requires offer and
acceptance in front of two witnesses. Apart from socio cultural practices. !uslim
marria$es require little ceremony or ritual to $i#e the marria$e le$ality. In effect it is
a ci#il contract with reli$ious o#ertones.
The 3oly 2rophet said: '!en marry for their property" status or their beauty: but you
should marry for their piety &Ibadat). Thus" marria$e parta,es the nature of Ibadat
&worship) and muamalat &worldly affairs).
In substance a !uslim marria$e is a contract but a sanctified reli$ious contract.
3ence !uslim +urists re$ard ;i,ah to be both temporal and reli$ious at the same
time. It is not purely a ci#il contract or a sacrament but a reli$ious" solemn and
sacred co#enant for life.
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MINIM!M M(RRI(&# (&#
The 1uran does not define the minimum marria$e a$e precisely" merely mentionin$
puberty as the permissible minimum. This has led to considerable di#er$ence of
le$islati#e #iews on the proper minimum marria$e a$e" particularly in the last
century. !inimum marria$e a$e continues to #ary amon$ !uslim countries &see table
A). The most ad#anced countries ha#e established equity of marria$e a$e for men
and women &as in the countries in bold in the table).!inimum marria$e a$e laws
must be enforceable and consent must be required.
Table *, Minimum Marria-e (-e. Summary
Minimum Marria-e (-e. Summary
Country (-e in 'ears
Male Female
Al$eria&a) =A A-
/$ypt&a) A- AB
Indonesia&a) A. AB
Iran&a ) A? AC
Jordan/b) *0 &AB) *0 &A?)
Lebanon&c) A- AD
!alaysia&a) A- AB
Morocco *0 *0
Syria&a) A- AD
Tunisia => AD
Tur1ey/a ) *2 *2
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a. 7eli$ious or ci#il courts may ma,e exceptions to allow minors to marry.
b. The royal decree risin$ the minimum marria$e a$e to A- has not yet been
written into law.
c. /xceptions exist for reli$ious minorities.
d. Law unenforceable &minors can be penali6ed" but undera$e marria$es
remain le$ally #alid).
;ote: Countries listed in bold ha#e a$e requirement parity for men and women.
M(RRI(&# R#&ISTR(TION
There is no need for re$istration in a !uslim marria$e as it is not obli$atory in the
1uran or in the Sunnah. En the other hand there is no prohibited sanction a$ainst
re$istration of marria$e. Thus re$istration is not a requisite of a #alid marria$e but
pro#ides a le$al restriction for #arious ,inds of protection" includin$ pre#ention of
denial of the marria$e. !arria$e re$istration continues to #ary amon$ !uslim
countries.
Ira3. obli$atory court re$istration.
Morocco. obli$atory court re$istration.
Tunisia. obli$atory under Ci#il Status Act A.?D" only formal document shall pro#e
existence of marria$e: unre$istered marria$e deemed #oid with three effects:
establishment of paternity: immediate onset of idda from date of #oidance
declaration: and creation of prohibited de$ree on basis of affinity.
Sene-al. obli$atory: if marria$e contracted under one of customary le$al re$imes
reco$ni6ed in Sene$alese law" parties must inform officer of ci#il status one month
prior to marria$e: non5re$istration is punishable by fine but does not determine
#alidity.
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4OL'&(M'
Islamic countries are addressin$ the issue of poly$amy in different ways. Ene $roup
of countries" includin$ Tunisia" Tur,ey" and in part Lebanon" simply bans the practice
outri$ht. A second $roup restricts the practice" applyin$ conditions that" in some
cases" are quite ri$orous to deter a fri#olous exercise of multiple marria$es.
*, The most common conditions that countries that restrict poly$amy place on the
practice are the followin$:
a) The prior wife or wi#es must be informed of the man8s intention to marry an
additional wife.
b) The prior wife or wi#es must consent.
c) The husband must pro#e the poly$amous marria$e to be +ust and necessary(
&clearly mentioned $rounds for this include a wife who is sterile" physically unfit for
con+u$al relations" insane" or physically infirm or a wife who refuses sexual relations).
d) The husband must $i#e assurance that the new marria$e will not affect the li#es of
pre#ious wi#es and their children.
5, The condition that a second or subsequent marria$e be +ust and necessary could
be a potent tool for re$ulation" but its ambi$uity is cause for concern because it could
also be used to +ustify poly$amy on the sli$htest $rounds. In some cases" for
example" authorities may accept the wife8s 'failure( to produce a male heir as
sufficient $rounds for $rantin$ permission for poly$amy &Ban$ladesh" 2a,istan). To
counter this" courts in Sin$apore encoura$e adoption in such cases" rather than a
second marria$e.=
6, Accordin$ to the laws of the countries that restrict the practice of poly$amy" wi#es
in a poly$amous marria$e ha#e to be treated equitably" and this includes pro#ision
for separate li#in$ arran$ements if there has been such an a$reement durin$ the
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marria$e. In the e#ent of a #iolation of these procedures" the wife or wi#es can ta,e
the husband to court.
='%nowin$ our 7i$hts: 4omen" family" laws and customs in the !uslim 4orld"(
4omen li#in$ under !uslim Laws" =>>C" p. =>>" London" F%
2oly$amy rule is to #ary amon$ !uslim countries.
Tunisia. A 2ersonal Status Code was adopted in Tunisia shortly after independence
in A.?B" which other laws" prohibits poly$amy.C Fnder Article A- of the 2ersonal
Status Code" any man who contracts a poly$amous marria$e is punishable with one
year of imprisonment" a fine of =G>">>> Tunisian francs" or both.
Tur1ey. In =>>A" Tur,ey completed a sweepin$ o#erhaul of its Ci#il Code" with one
outcome bein$ a ban on poly$amy.

Table 5. 4oly-amy. Summary
4oly-amy. Summary
Country Status of 4oly-amy
Al$eria Allows up to four wi#es: current wi#es may sue for di#orce if
not informed.
/$ypt Allows up to four wi#es: must inform prior wi#es" who may
di#orce if they can pro#e harm from additional marria$e.
Indonesia Basis of marria$e is considered mono$amy" but !arria$e Law
does not prohibit poly$amy for those whose reli$ions allow it.
9ordan ;o constraints aside from the classical in+unctions that a man
must treat all co5wi#es equitably and pro#ide them with
separate dwellin$s
Lebanon Lebanon reco$ni6es A. different $roups that are each
accorded their own reli$ious law. The <ru6e sect prohibits
poly$amy. Acti#ists tried to outlaw poly$amy for all sects in
A..-.
!alaysia /nterin$ a poly$amous marria$e requires the permission of a
Shariah court. 3usband must +ustify in writin$ why the
marria$e is necessary and +ust. *ailure to follow required
procedures is liable to B months8 imprisonment and a fine.
!orocco Allows up to four wi#es" sub+ect to +udicial appro#al women
may prohibit poly$amy in marria$e contract: all parties must
be informed: prior wife may apply for di#orce.
Syria A +ud$e8s permission is required: poly$amous marria$e but
may be refused unless the husband establishes lawful cause
and financial capacity
Tunisia. 2oly$amy is ille$al
Tur,ey 2oly$amy is ille$al
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C F.S. <epartment of State" '7epublic of Tunisia"( 9uly =>>G.
Lebanon.7 In Lebanon" accordin$ to the A.G- Law 2ertainin$ to 2ersonal Status for
the <ru6e Sect &Article A>)" poly$amy is prohibited. Article . of the A..- Ci#il
!arria$e Law" proposed by acti#ists but not yet passed" would outlaw poly$yny.?
Malaysia. Contractin$ a poly$amous marria$e requires the permission of a Shariah
court. A husband must +ustify in writin$ why the additional marria$e is necessary and
+ust and must con#ince the court that he can treat all wi#es equally. *ailure to follow
required procedures is liable to B months8 imprisonment and a fine.B
Indonesia. Fnder a A..> policy" poly$amy is permitted only throu$h an application
to the court and requires appro#al of the prior wife or wi#es" a necessity for the
marria$e &current wife suffers from an incurable disease or is infertile" etc.)" and a
$uarantee that husband will treat all wi#es and children +ustly.D
Ira3. Enly permitted by +udicial permission" to be $ranted on two conditions:
financial ability and lawful benefit: permission not to be $ranted if +ud$e fears
unequal treatment of co5wi#es: IL2S pro#ides penalties of imprisonment andHor fines
for non5compliance.
Morocco. Enly permitted by +udicial permission" to be $ranted on two conditions:
financial ability and lawful benefit: permission not to be $ranted if +ud$e fears
unequal treatment of co5wi#es: IL2S pro#ides penalties of imprisonment andHor fines
for non5compliance.
G In 9ordan" only certain sects ban poly$amy.
? %nowin$ our 7i$hts: 4omen" family" laws and customs in the !uslim 4orld"(
4omen li#in$ under !uslim Laws"
=>>C" p. =>?" London: F%
B Ibid.
D Ibid.
&!(RI(N 4#RMISSION (N )OM#N8S CONS#NT
A widespread problem in many !uslim countries" especially in those mar,ed by
po#erty" feudal structures" andHor lar$e $aps in the status of social $roups" is the
con#eyin$ or sellin$ of youn$ women for economic $ain or under political and other
pressures. There is no unified position within the Islamic world on the le$al role of
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parents or a $uardian &wali) in contractin$ or a$reein$ to a marria$e or on the ri$hts
of women to determine their own spouses" either within ci#il le$al +urisprudence or
under the sharia law.
3owe#er" there is also no Islamic +ustification for forcin$ any woman to marry a$ainst
her will or for pre#entin$ a mature woman from marryin$ as she chooses.
;onetheless" the actual practice throu$hout the !uslim world often excludes women
from ha#in$ any #oice in the choice of their marria$e partners" e#en thou$hI$i#en
the enormous power !uslim society $enerally $rants to husbands and their familiesI
that decision will be of monumental importance to their prospects of happiness.
!inimum consent of marria$e of the $uardian and women continues to #ary amon$
!uslim countries.
Iran. !any le$al codes require the consent of the bride but undermine this with
other pro#isions. *or example" Iranian law stipulates that the official conductin$ the
marria$e read the conditions of the contract to both parties and that they separately
si$n each condition to indicate acceptance. 3owe#er" accordin$ to a =>>G F.S. State
<epartment report" pre#iously unmarried females" e#en those o#er A- years of a$e"
first need either the consent of a father or $randfather or a court o#erride.-
Tur1ey. The ri$ht of women to choose their own spouses needs to be secured such
as this is re$arded as a natural extension of the sharia.
Tunisia. women who ha#e reached the a$e of ci#il consent &=>) must consent to
their own marria$es.
- F.S. <epartment of State. 'Country 7eportsIIran(:
http:HHwww.state.$o#H$HdrlHrlsHhrrptH=>>GHGAD=A.htm" accessed ? Au$ust =>>?
Morocco. 7ecent reforms to the *amily Law code uni#ersally require women8s
consent. The extensi#e reforms to the Moudawwana in =>>G ma,e Morocco a model
case. Fnder !orocco8s new law" women become their own $uardians on reachin$
ma+ority" may conduct their own marria$es" and may not be coerced into marria$e
under any circumstances. 4hile si$nificant challen$es in implementation remain"
!orocco8s exemplary family law code $rants !oroccan women ri$hts of consent in
marria$e that are a true model for the Islamic world..
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Ira3. 2rior to A.?." 'marria$e contracts concluded by coercion( were considered #oid
so lon$ as they had not been consummated.A>
(l-eria. *orced marria$e is not permitted" but perpetrators face no penalties. !any
youn$ women face family and community pressures to marry a$ainst their will and
ha#e no or only limited channels throu$h which to #oice dissent. Social support
networ,s that mi$ht aid the woman in such cases" as well as the bac,in$ of an
accessible formal or informal +ustice system" are $enerally lac,in$.
Indonesia. 7equire the bride8s consent &or at least her lac, of ob+ection)" but
pro#ide no realistic way for her to ma,e such an ob+ection ,nown and no clear
mechanism for escapin$ an ille$al marria$e &e.$." annulment).AA
Malaysia. It is ille$al to pre#ent a woman of AB or a man of A- and abo#e from
contractin$ a #alid marria$e. <oin$ so can be punished with a fine" imprisonment" or
both: yet the law reco$ni6es the walis consent as a requirement in marria$e" but his
refusal may be o#erruled by the courts.A=
. L8Association <Jmocratique des *emmes du !aroc &A<*!)" =>>G" accessed AC April
=>>?
A> /mory Fni#ersity Law School.
AA Knowing Our Rights" p. .A
A= Knowing Our Rights" p.D=
Table 6. &uardian 4ermission. Summary
&uardian 4ermission. Summary
Country )ali9&uardian:
Must Consent /Can 4re+ent
Marria-e;
Can Com<el
Marria-e
/Ijbar or
Otherwise;
For &room For "ride
Al$eria no #ir$in under
A-
no
/$ypt no yes a no
Indonesia yes yes no
Iran under A? under AC or
#ir$in a
9ordan no under A-
Lebanon no under AD a sometimes b
!alaysia c no @es sometimes
Morocco c no no no
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Syria under ADa under AD a
Tunisia c no under => a no
Tur1ey c no no no
RI&%T OF I$ORC#
In many countries in the Islamic world" men ha#e possessed a unilateral and
unconditional ri$ht to di#orce. In these same countries" women are often not only not
afforded that ri$ht but" if they are allowed the ri$ht of di#orce at all" must resort to
the courts to di#orce their spouses" where they confront innumerable social" le$al"
and bureaucratic obstacles. In many Islamic countries" women are often at a massi#e
disad#anta$e compared to men in such matters as financial support" child custody"
child #isitation and child $uardianship" and subsequent remarria$e. In Tunisia"
!alaysia" Iran" and @emen" the law requires that all di#orces be settled in a court of
law. 4hile laws #ary considerably in the de$ree to which women may see, di#orce
and on what $rounds men may see, di#orce" most of these countries mandate that
the procedure be conducted in a court of law. *or instance"
Iran. 3ere talaq is reco$ni6ed" the husband can di#orce his wife without citin$ any
reasons. 3owe#er" di#orce is permissible only throu$h the courts and any
independent pronouncement of talaq made on the part of the husband is considered
immaterial before the court of law. !oreo#er" the re$istrar can only re$ister a di#orce
after permission has been issued from a court and after any mahr" maintenance"
andHor wa$es for housewor, ha#e been paid to the wife. The law is interpreted to
mean that no court can pre#ent a man from di#orcin$ his wife: howe#er" all her
financial ri$hts must be settled prior to the separation.
Tunisia, Fnder Article CA of the 2ersonal Status Code" di#orce by mutual consent &or
Mubarat) is reco$ni6ed. <i#orce is possible only throu$h the court and only after the
+ud$e has made reconciliation efforts. Article CA also establishes equal $rounds for
husband and wife" includin$ 'at the will of the husband or at the request of the wife(.
#-y<t. In =>>>" /$ypt enacted a law that allowed women the ri$ht to obtain a
di#orce from their husbands on the $rounds of incompatibility. The di#orce is $ranted
on the wife8s return of her mahr. 2rior to the new law" a husband could file for
di#orce without e#en informin$ his wife" while the wife needed conclusi#e proof and
independent corroboration of physical abuse by the husband.
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Syria. Syrian law of 2ersonal Statute &A.?C) put the husband8s moti#e for di#orcin$
his wife under +udicial scrutiny by financially punishin$ arbitrary use of talaq.AC The
Syrian Law of 2ersonal Statute pro#ides that" when a husband di#orces his wife
without adequate cause" he must pay her financial compensation to the equi#alent of
one year8s maintenance.
Indonesia, Fnder the !arria$e Law" all di#orces must $o throu$h the court. A
husband married under !uslim laws must pro#ide the reli$ious court with a written
notification of his intention to di#orce" which must include his reasons for wishin$ to
do so. If the reasons accord with one of the ei$ht $rounds a#ailable to husbands and
wi#es" both parties are called separately for reconciliation meetin$s with counselors.
If reconciliation fails" the court will call the parties to witness the di#orce.(AG.
Indonesian di#orce codes 'do not distin$uish between husband and wife.(
Table 7, Ri-ht to i+orce. Summary
Ri-ht to i+orce. Summary
Country Ri-hts of i+orce
Al$eria Talaq is not reco$ni6ed. <i#orce by mutual consent is allowed. The
wife can apply for di#orce on specific $rounds. A reconciliation
attempt is mandatory.
/$ypt 4ife may apply for di#orce: must relinquish mahr
Indonesia All di#orces must $o throu$h the court. The $rounds do not
distin$uish between husband and wife.
Iran Talaq requires two witnesses. The wife may see, a di#orce for
specified reasons.
9ordan. /ither party may apply for di#orce on many $rounds" includin$
discord or physical or mental health
Lebanon The wife may apply for di#orce on many $rounds" includin$
discord. A reconciliation attempt is mandatory. 7eli$ious minorities
may follow different rules.
!orocco Talaq must be issued in court. <i#orce by mutual consent is
allowed. The wife may apply for di#orce on specified $rounds.
Syria The wife may di#orce on many $rounds" includin$ discord. A
reconciliation attempt is mandatory
Tunisia /ither spouse may di#orce at prero$ati#e or in+ury. Talaq is not
reco$ni6ed. A reconciliation attempt is mandatory.
AC /mory Fni#ersity Law School" 'Syria" Syrian Arab 7epublic(:
http:HHwww.law.emory.eduHI*LHle$alHsyria.htm" accessed => 9une =>>?.
AGKnowing Our Rights" pp. =B= and =B.
M(INT#N(NC#
Fnder !uslim law a man must maintain his wife and children. The husband is under a
duty to maintain his di#orced wife durin$ the period of iddat, Maintenance
continues to +ary amon- the Muslim countries,
Ira3. 4ost-i+orce Maintenance9Financial (rran-ements: husband obli$ed to
maintain di#orce &e#en if nashi6a) durin$ iddat: A.-C le$islation pro#ides that
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repudiated wife has ri$ht to continue residin$ in marital home without husband for
three years" so lon$ as she was not disobedient" did not a$ree to or request di#orce"
and does not own house or flat of her own.
Morocco :4ost-i+orce Maintenance9Financial (rran-ements: husband obli$ed
to maintain di#orce &e#en if nashi6a) durin$ iddat: A.-C le$islation pro#ides that
repudiated wife has ri$ht to continue residin$ in marital home without husband for
three years" so lon$ as she was not disobedient" did not a$ree to or request di#orce"
and does not own house or flat of her own .
Tunisia. 4ost-i+orce Maintenance9Financial (rran-ements: husband obli$ed
to pro#ide maintenance durin$ iddat or" if there is an infant" until the child is weaned:
if di#orce was husband8s will" +ud$e may determine what financial compensation is
due to wife &or #ice #ersa if di#orce was at request of wife).
Sene-al: 4ost-i+orce Maintenance9Financial (rran-ements: in case husband
sou$ht di#orce on $rounds of incompatibility or incurable illness of wife" obli$ation to
maintain is transformed to obli$ation to pay alimony: in case di#orce is +ud$ed to be
exclusi#e fault of one party" +ud$e may $rant other party compensation.
C%IL C!STO' (N M(INT#N(NC#
!uslim countries often restrict the ri$hts of mothers to raise or e#en to ha#e the
ri$ht to #isit their own children in the e#ent of a di#orce. Instead" these countries cite
a 'natural ri$ht( of fathers to ha#e $uardianship o#er their children: custody defaults
to the father after a child reaches particular &often #ery youn$) a$e. 2aternal
$randfathers or other male relati#es of the father ha#e preference in the e#ent of his
death" irrespecti#e of the wishes or needs of the child. Loss of their children is a
powerful threat" ,eepin$ women in otherwise unendurable marria$es.
Table =, Ri-hts In+ol+in- Children. Summary
Ri-hts In+ol+in- Children. Summary
Country Mother8s Ri-ht to : Father8s
ri-ht
to :
Custody of : Child
Su<<ort
$isitation
"oys &irls
Al$eria a A> &AB) c !arria$eHA-
/$ypt a A> &A? )c A= &marria$e)c @es
Indonesia <ecided by court" usually with
mother to A=: child8s
preference thereafter
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Iran b D
9ordan a 2uberty Classical law
e
@es
Lebanon a D d .d Classical law <ecided by
court
!alaysia a <ecided by court" father
presumed
'natural( $uardian
;ot
addressed
!orocco a !a+ority &i.e. A-)
2a,istan a Df 2uberty
Syria .f AAf <urin$ idda"
up to nine
months e
Tunisia D . a 2aid by the
state
@es:
custodian
must also pay
transport
Then decided by court
Tur,ey <ecided by court Alimony
required
@es
a 7efuses or restricts custody to non5!uslims.
b 4omen lose custody on remarria$e.
c Court may extend to a$e in parentheses.
d Court has power to o#errule.
e Lon$er maintenance for talaq.
Tur1ey. The issues of the $uardianship" custody" and maintenance of children are
best addressed throu$h laws that loo, to the best interests of the child and that
assi$n equi#alent responsibilities to both parents followin$ a separation.
Tur1ish. Article A-= of the Ci#il Code states" 'As a principle" the +ud$e $rants the
custody of the children to the parent he or she belie#es will loo, after the children
better. !en do not ha#e any superiority o#er women in this respect.(A?
Tunisia. Tunisian law &Article BD) dictates that a child be transferred to the father
from the mother at a$e D for a boy and a$e . for a $irl" unless a +ud$e rules
otherwise.AB
Iran. In Iran the mother loses custody of her children" re$ardless of their a$e" if she
remarries.A- The 0o#ernment amended in ;o#ember =>>C the existin$ child custody
law" which in the case of di#orce $a#e a mother custody of a son up to = years of a$e
and a dau$hter up to a$e D years" with custody re#ertin$ to the father thereafter. The
new law $i#es a mother preference in custody for children up to D years of a$e:
thereafter" the father has custody. After the a$e of D years" in disputed cases"
custody of the child is to be determined by the court" ta,in$ into consideration the
well bein$ of the child.(
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Ether Islamic countries" such as #-y<t" Lebanon apply the same sort of formulaic
model. Some countries" such as (l-eria and Iran" render it yet more unfa#orable to
the mother by ha#in$ custody re#ert to the father if the mother remarries. In some
cases" e#en if the father is not deemed suitable for $uardianship and custody" family
members of the father are $i#en priority o#er the mother and her relati#es.
A? South /astern /uropean 4omen8s Le$al Initiati#e. '*amily Law 7eport: Tur,ey.(
http:HHwww.seelinepro+ect. netH*amilyLawHTur,ey*L.htmKLftnA
AB 9amal 9. ;asir. The Islamic aw of !ersonal "tatus. Crd /d. %luwer Law
International. =>>=. p. ADA.
!any Islamic countries deny women custody of their children alto$ether in the e#ent
that she renounces Islam" commits acts of 'immorality( or adultery" or $eo$raphically
mo#es too far away from the father.AD
Morocco. The !oroccan family code in its re#ised form contains lan$ua$e
$uaranteein$ a women8s ri$ht to custodianship re$ardless of her proximity to the
father or marital status. It also ma,es a distinction between money paid as
restitution or compensation to the mother and the sum required to maintain the
same quality of life of the child" ensurin$ that one alimony payment will not ta,e the
place of parental obli$ation of continued support.A-
AD Knowing Our Rights" p. CC..
A- L8Association <Jmocratique des *emmes du !aroc &A<*!)" accessed AC April
=>>?
S!CC#SSION
In !uslim law a $reat deal of importance is $i#en to the laws of inheritance or
succesion. The 2rophet of Islam said: 'Learn the laws of inheritance and teach them
to the people" for they are one half of useful ,nowled$e(
The Law of Inheritance consists of two distinct elements: one is the principles of 2re5
Islamic Law and the rules lay down by the 3oly 1uran and the percepts of the
2rophet.
Accordin$ to Tyab+i the 3oly 1uran is an amendin$ act rather than an exhausti#e
code which made reform upon the ancient tribal law.
Ira3: Introduction of obli$atory bequest to $randchildren by predeceased sons or
dau$hters as well as complete freedom of testator to ma,e will within limits of
bequeathal one5third of estate: A.BC le$islation allowed female descendants of
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deceased to completely exclude collateral male a$nates: A.BC amendments also
adopt Shii system of classifyin$ heirs for inheritance" thou$h Sunni principles still
$o#ern di#ision of estates amon$ heirs.
Tunisia: Boo, . of TL2S on succession introduced obli$atory bequests in fa#or of
orphaned $randchildren throu$h sons or dau$hters" limited to first $eneration of
$randchildren and to maximum of one5third of estate: introduced and extended
doctrine of radd &return) to allow sur#i#in$ spouse to share in residue of deceased
partners estate: also pro#ision that if deceased has only sur#i#in$ dau$hters" estate
shall $o to children and not to paternal uncles.
Sene-al: 0o#erned by classical law as outlined in Section III on !uslim succession
in Boo, MII of *amily Code: includes pro#ision for only $randdau$hters throu$h
predeceased sons not standin$ to inherit as residuary heirs from anyone else to
recei#e one5sixth of estate.
Conclusion
Throu$hout the history of Islamic faith" it has been a deeply cherished ob+ecti#e to
emphasi6e on en#elopin$ the entirety of a person8s life with its normati#e structure of
rules of conduct and precepts. Amon$st the ma+or norms of such expected beha#ior
are those that are de#ised to apply to the institution of the *amily. Islam has also a
considerable amount of substanti#e rules that $o#ern the matter of human ri$hts.
The thrust of Islamic +urisprudence and Shari Na seems to clearly accommodate the
basic necessary rules that create for the flourishin$ of the *amily.
The e#olution of these norms and concepts in the international le$al field has been
such that" in respect of crucial details" there is a #isible tendency to ha#e the ri$hts
of the *amily $i#e up some of its historical and inherent hierarchal position and status
in the society to specific and newly de#eloped 'rules( in the broader field of human
ri$hts. The problem that we are thus faced with is simple. Some of the !uslim *amily
Law reforms that are currently ad#ocated by a si6eable se$ment of liberal based
ideolo$ues are such that the aim to denude the #ery foundations of the institution of
the family as to ad#ersely affect its well5bein$ and character.
Fndeniably the positi#e role that *aith and 7eli$ion play in the public life of any
community is tremendously immense. /#en amon$st the most 'pro$ressi#e societies(
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of modern times the rele#ance of *aith can ne#er be exa$$erated. 0i#en the peculiar
political and societal realities of this millennium" in the Third 4orld context Islam8s
si$nificance needs to be specially noted. The perennial support that *amily as an
institution has e#inced from confines of doctrinaire Islam is by itself comprehensi#e
both le$ally and sociolo$icallyO An understandin$ of this fact would pro#ide us with a
true $limpse of the rationale why !uslim countries are always ad#ocatin$ the
continued historical continuity of the *amily as the core and fundamental $roup unit
of our ci#ili6ations" re$ardless of the nature of 7eli$ion of the concerned communities
These are a few prominent areas within the !uslim *amily laws requirin$ attention of
scholars" experts" reli$ious leaders and $o#ernments for underta,in$ 'reforms(. The
'reform( mo#ement that is needed has to be well coordinated and of course led by
profound scholarship. Anythin$ less than quality would be self defeatin$. So this
reform mo#ement has to be underta,en with lot of plannin$" and a determined yet
sincere effort to ha#e the ,ind of ima$ination that achie#es dynamic ad#ances
without creatin$ the expected opposition from ad#ersary ideolo$ies.
This research is therefore inte$ral to understandin$ the actual practice of !*L with a
#iew to implementin$ effecti#e reforms. Enly detailed and systematic study of how
!*L affects the daily li#es and social relationships of actual men" women and
children" of how people ad+ust to and cope with the consequences of the application
of the law will $i#e the insi$hts which is need for de#isin$ and implementin$ reform
initiati#es. Such studies are also testin$ the rele#ance and efficacy of reform
initiati#es already attempted in different parts of the world.

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&LOSS(R' OF ISL(MIC T#RMS
fi3hIIslamic +urisprudence and le$al rulin$s. #iqh typically refers to the le$al rulin$s
of the four madhahib.
hadithIthe 'traditions"( parables from the life of the prophet !uhammad" indicatin$
what he said" did" and appro#ed of in others around him. Alon$ with the 1ur8an" the
hadith form the main basis for Islamic law.
8iddaIa waitin$ period after a woman di#orces" usually about three months &but
lon$er if she is pre$nant).
i>barIforced marria$e" arran$ed by the bride8s wali.
1hul8Ia means by which a woman may obtain a di#orce throu$h payments to her
husband &usually repayment of some or all of her mahr).
madhhab &pl. madhahib)P schools of thou$ht on Islamic law. There are four
madhahib in Sunni Islam: 3anafi" !ali,i" Shafi8i" and 3anbali. Shi8a reli$ious law is
sometimes referred to as a fifth madhhab" 9a8fari.
mahrIthe dowry paid by a $room to his bride at the time of marria$e.
mata8aIcompensation paid by the husband to the wife after talaq or if fault for the
di#orce lies with the husband.
moudawwanaIthe !oroccan code of family law.
mubaratIsee $hul.
shari8aIcanonical Islamic law drawn from the 1ur8an and the hadith.
tala3Irepudiation of marria$e &Islamic di#orce). Talaq can mean di#orce in any
form. A particular Islamic di#orce" called tri%le talaq" whereby a husband proclaims
'talaq( to his wife three times to di#orce her" is particularly contro#ersial. If a
husband dele$ates his ri$ht to talaq" to his wife or to a third party" this is called talaq
tafwid. The dele$ation can occur at the time of marria$e or in a subsequent
a$reement.
ta8li3Iconditional di#orce" with the conditions usually set at the time of marria$e.
waliIle$al $uardian. The wali must be male and is typically the father &or the
$randfather if the father is deceased): howe#er" the wali may be any male relati#e.
"I"LIO&R(4%'
?nowin- our Ri-hts. 4omen" family" laws and customs in the !uslim 4orld"(
4omen li#in$ under !uslim Laws" =>>C" p. =>>" London" F%
!,S, e<artment of State" '7epublic of Tunisia"( 9uly =>>G
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?nowin- our Ri-hts: 4omen" family" laws and customs in the !uslim 4orld"(
4omen li#in$ under !uslim Laws" =>>C" p. =>?" London: F%
!,S, e<artment of State, 'Country 7eportsIIran(:
http:HHwww.state.$o#H$HdrlHrlsHhrrptH=>>GHGAD=A.htm" accessed ? Au$ust =>>?
L8(ssociation @mocrati3ue des Femmes du Maroc &A<*!)" =>>G" accessed AC
April =>>?
?nowin- Our Ri-htsA 4omen" family" laws and customs in the !uslim 4orld"(
4omen li#in$ under !uslim Laws"p. .A
?nowin- Our Ri-hts" 4omen" family" laws and customs in the !uslim 4orld"(
4omen li#in$ under !uslim Laws" p.D=
/mory Fni#ersity Law School" 'Syria" Syrian Arab 7epublic(:
htt<.99www,law,emory,edu9IFL9le-al9syria,htmA accessed => 9une =>>?.
?nowin- Our Ri-htsA 4omen" family" laws and customs in the !uslim 4orld"(
4omen li#in$ under !uslim Laws" pp. =B= and =B.

South #astern #uro<ean )omen8s Le-al Initiati+e. '*amily Law 7eport: Tur,ey.(
http:HHwww.seelinepro+ect. netH*amilyLawHTur,ey*L.htmKLftnA
Jamal J, Nasir, The Islamic Law of 4ersonal Status. Crd /d. %luwer Law
International. =>>=. p. ADA.
?nowin- Our Ri-htsA 4omen" family" laws and customs in the !uslim 4orld"(
4omen li#in$ under !uslim Laws"p. CC..
L8(ssociation @mocrati3ue des Femmes du Maroc &A<*!)" accessed AC April
=>>?
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