Muslim Family Law Reforms in Jurisdiction Other Than the Indian Sub-Continent

8/11/2019 Muslim Family Law Reforms in Jurisdiction Other Than the Indian Sub-Continent

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Muslim Family Law Reforms in Jurisdiction other thanthe Indian Sub-Continent

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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 areinformally 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. Butthe 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 ethnicspecificity as suchinstructions 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+iewedthe 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"


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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

). 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 Marriae (e. Summary

Minimum Marriae (e. Summary

Country (e in 'ears

Male Female

Al$eria&a) = -

/$ypt&a) -

Indonesia&a)

Iran&a ) ?

Jordan/b) *0 &) *0 &?)

Lebanon&c) - D

!alaysia&a) -

Morocco *0 *0

Syria&a) - D

Tunisia => D

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 - has not yet beenwritten into law.c. /xceptions exist for reli$ious minorities.

d. Law unenforceable &minors can be penali6ed" but undera$e marria$esremain 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 ?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.

Seneal.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" =>>" 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 ?" which other laws" prohibits poly$amy. Fnder Article - 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 =>>" Tur,ey completed a sweepin$ o#erhaul of its Ci#il Code" with one

outcome bein$ a ban on poly$amy.

Table 5. 4olyamy. Summary

4olyamy. Summary

Country Status of 4olyamy

Al$eria Allows up to four wi#es current wi#es may sue for di#orce ifnot informed.

/$ypt Allows up to four wi#es must inform prior wi#es" who maydi#orce if they can pro#e harm from additional marria$e.

Indonesia Basis of marria$e is considered mono$amy" but !arria$e Lawdoes not prohibit poly$amy for those whose reli$ions allow it.

9ordan ;o constraints aside from the classical in+unctions that a manmust treat all co5wi#es equitably and pro#ide them withseparate dwellin$s

Lebanon Lebanon reco$ni6es different $roups that are eachaccorded their own reli$ious law. The


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F.S. >G.

Lebanon.7 In Lebanon" accordin$ to the G- Law 2ertainin$ to 2ersonal Status for

the )" poly$amy is prohibited. Article of the - 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 months8 imprisonment and a fine.

Indonesia. Fnder 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"

=>>" p. =>?" London: F%

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 $ain or under political and otherpressures. There is no unified position within the Islamic world on the le$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$ainsther will or for pre#entin$ 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$e partners" e#en thou$h$i#en

the enormous power !uslim society $enerally $rants to husbands and their families

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

>?

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 ?" 'marria$e contracts concluded by coercion( were considered #oid

so lon$ as they had not been consummated.>

(leria.*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).

Malaysia.It is ille$al to pre#ent a woman of or a man of - and abo#e from

contractin$ a #alid marria$e. >G" accessed April=>>?

> /mory Fni#ersity Law School.

Knowing Our Rights" p.

= Knowing Our Rights" p.D=

Table 6. &uardian 4ermission. Summary

&uardian 4ermission. SummaryCountry )ali9&uardian:

Must Consent /Can 4re+ent

Marriae;

Can Com


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Syria under Da under D aTunisia c no under => a noTur1ey 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 of the 2ersonal Status Code" di#orce by mutual consent &or

Mubarat) is reco$ni6ed.


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Syria. Syrian law of 2ersonal Statute &?) put the husband8s moti#e for di#orcin$

his wife under +udicial scrutiny by financially punishin$ arbitrary use of talaq. 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.(G.

Indonesian di#orce codes 'do not distin$uish between husband and wife.(

Table 7, Riht to i+orce. Summary

Riht to i+orce. SummaryCountry Rihts of i+orceAl$eria Talaq is not reco$ni6ed.


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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 (rranements: husband obli$edto maintain di#orce &e#en if nashi6a) durin$ iddat - 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 (rranements: 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).

Seneal: 4ost-i+orce Maintenance9Financial (rranements: 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$hts of mothers to raise or e#en to ha#e theri$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 =, Rihts In+ol+in Children. SummaryRihts In+ol+in Children. SummaryCountry Mother8s Riht to : Father8s

rihtto :

Custody of : ChildSu


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Iran b D9ordan a 2uberty Classical law

e@es

Lebanon a D d d Classical law


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Ether Islamic countries" such as #y>=. p. D.

!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.D

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.-

D Knowing Our Rights" p. .

- L8Association


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deceased to completely exclude collateral male a$nates 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 oforphaned $randchildren throu$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.

Seneal: 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 applicationof 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

fi3hIslamic +urisprudence and le$al rulin$s. #iqh typically refers to the le$al rulin$s

of the four madhahib.

hadiththe '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.

8iddaa waitin$ period after a woman di#orces" usually about three months &but

lon$er if she is pre$nant).

i>barforced marria$e" arran$ed by the bride8s wali.

1hul8a 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.

mahrthe dowry paid by a $room to his bride at the time of marria$e.

mata8acompensation paid by the husband to the wife after talaq or if fault for the

di#orce lies with the husband.

moudawwanathe !oroccan code of family law.

mubaratsee $hul.

shari8acanonical Islamic law drawn from the 1ur8an and the hadith.

tala3repudiation 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.

ta8li3conditional di#orce" with the conditions usually set at the time of marria$e.

walile$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 Rihts. 4omen" family" laws and customs in the !uslim 4orld"(

4omen li#in$ under !uslim Laws" =>>" p. =>>" London" F%!,S, e>G

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?nowin our Rihts: 4omen" family" laws and customs in the !uslim 4orld"(

4omen li#in$ under !uslim Laws" =>>" p. =>?" London: F%

!,S, e>?
http://www.law.emory.edu/IFL/legal/syria.htmhttp://www.seelineproject/http://www.law.emory.edu/IFL/legal/syria.htmhttp://www.seelineproject/

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Muslim Family Law Reforms in Jurisdiction Other Than the Indian Sub-Continent

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