Who is Muslim in Family Law?

Most Muslim societies around the world have yet to codify their laws, leaving family law adjudication largely up to state courts and precedent. Muslim women’s groups and other advocates have advocated for greater legislative intervention into family law matters.

However, proposals of this nature have always been limited in their reach; this article examines why this may be.

Who is a Muslim?

Muslim is defined as anyone who adheres to the teachings of Islam. This includes following its main texts – Quran (believed to be God’s word), Hadith-thousands of words and actions attributed to the Prophet Mohammed that collectively form Sunna, and Ijma-consensus among Muslim scholars – along with any additional sources such as judicial decisions, customs or legislation as sources for law in Muslim law systems.

Many Muslim-majority countries feature a dual legal system that allows Muslims to choose whether certain matters, like marriage, divorce and inheritance can be brought before Islamic family courts following Sharia law.

Women’s groups in various countries have employed public policy arguments in support of their efforts for Muslim family law reform. This article investigates and analyses these arguments in order to give an impression of ambitions, possibilities and limitations for reform in Muslim family law today.

What is Islamic Family Law?

Islamic family law draws its guidance from the Quran and other traditions to address marriage, divorce, inheritance, guardianship and other personal matters. Many countries with large Muslim populations provide dual legal systems wherein citizens may choose between using either Islamic courts or secular ones for family matters.

Some reformers once proposed changing certain provisions of Sharia Law that violate public policy, yet this approach proved futile; such an endeavor requires broad agreement on what constitutes good policy and an Islamically permissible way to implement reforms.

Scholars and activists have sought to change Islamic family law by targeting specific issues or practices which discriminate against women. For instance, one Malaysian Islamic family law stipulates that daughters remain with their father while sons stay with their mothers – which has a direct impact on gender disparity in custody of children.

What are the Basics of Islamic Family Law?

Islamic family law reform is an area of focus for women’s groups in Muslim-majority countries. Recognizing a need for change, along with having legal strategies available that give this alteration Islamic legitimacy are two essential components for successful family law reform efforts.

This article surveys and assesses some of the primary legal arguments used to advance family law reform. It explores their effectiveness as well as any unintended negative repercussions they may have caused.

The discussion of Muslim family law strategies centers around four substantive areas: marriage, divorce and inheritance laws; custody and guardianship of children; and quota-heirs and their shares in an estate. Additionally, this article highlights major jurisprudential variations across schools of thought as well as within individual schools; these disparate viewpoints could limit opportunities for meaningful change in these areas.

What are the Differences Between Islamic Family Law and Other Laws?

Islamic Family Law (IFL) governs marriage, divorce, child custody and inheritance for over one billion Muslims worldwide. Additionally, there are specific provisions outlined for how women must be treated within Muslim societies.

IFL has undergone significant reform across the Muslim world. Reform efforts tend to arise out of necessity to accommodate local social conditions and political realities.

Muslim family structures provide stability and coherence for Islamic society, in contrast with individualistic cultures found elsewhere.

Although Shari’a should apply to all aspects of life, in practice Muslim rulers frequently separated family law and enforced secular European-style laws instead. When this occurred, laws might reflect different perspectives, leading to inconsistencies or even contradictions within them.