Muslim family laws regarding marriage, divorce, inheritance and other issues have profound legal and social ramifications that cannot be overlooked. Those wishing to reform Muslim family laws use various arguments when making their cases.
But the most effective approach depends on which Islamic beliefs are being contested, and this article investigates these beliefs and their effect on reformers’ goals.
Who is a Muslim?
Muslim is the name given to those who subscribe to Islam, a monotheistic faith which holds that there is one all-powerful God and his message was conveyed to humanity via Prophet Muhammad. Muslims consider the Quran their source of law. It serves as their guidebook in religious belief and practice and also serves as their legal basis in Islamic countries.
For a person to become Muslim, they must make an open declaration of faith known as Shahadah. This can take place either privately or publicly and is essential if genuine conversion occurs; otherwise it could constitute apostasy, which is illegal under Islamic law.
Notable sources of Islamic law beyond Shahadah include Ahadith and Qiyas. While not based solely on reasoned analysis, such sources often represent what is considered good public policy.
What is Islamic Family Law?
Muslim personal law covers various aspects related to marriage, divorce, inheritance and more. Family laws within Islam differ widely across the globe but all adhere to Shari’a; therefore all individuals practicing or professing an Islamic faith (whether by birth, conversion or leaving it altogether) fall under its jurisdiction and may be held accountable by these laws. This applies both when they become Muslims through conversion and when renounce their religion altogether.
Indian courts have determined that any Hindu husband who converts to Islam solely in order to take advantage of its polygamous laws is guilty of bigamy, as his conversion was done for selfish reasons – meaning, without dissolving his current marriage first.
Strategies used by reformers to promote women’s rights within Muslim contexts have proven successful in some countries; however, national laws remain far from attaining gender equality. A number of factors must come together for any family law reform to be successful: these include an identified societal need and general acceptance of desired changes.
Are Islamic Countries Following Shari’a in Family Law Matters?
Though many Islamic countries now combine secular and Islamic laws, most still rely on Shari’a-based family law as their legal system of choice – even those where Islam is practiced as a faith-based lifestyle rather than legally as part of legal system – as its principles have become accepted moral guidelines applicable in everyday situations.
Islamic activists have taken various approaches to family law reform. Some focus on one specific issue, like polygamy; while others draw upon international human rights treaties like CEDAW to make their arguments.
Reform advocates often employ Islamic legal arguments in support of their goals. Such arguments can help reformers shape a potential change to family law based on Islamic beliefs and values; however, their use can be limited based on availability of an Islamic justification for desired changes; without such justifications it can be more challenging to push through necessary reforms.
Are There Any Differences Between Shari’a and Secular Laws?
Although many Islamic countries claim to abide by Shari’a, most laws aren’t drawn directly from it. Government officials often choose principles from Shari’a to create legislation rather than strictly following the teachings; this allows governments to promote behaviors like polygamy that go against its teachings as well as restrict freedom of belief.
Muftis (pronounced MUF-tee) study Shari’a and early scholars’ writings in order to create religious rulings called fatwas, known in Arabic as fatwahs (FAHT-wahs). With their understanding of these sources they produce at least one major madhab (pronounced MAHD-hab with “than”) school of interpretation which forms their fatwa.
Some governments have separated Shari’a law from family law in order to cater to their rulers’ personal preferences, creating many complications for Muslims – especially women – including making it harder for wives seeking divorce based on Shari’a rules as they must prove adultery by their husbands before seeking legal recourse through Shari’a divorce proceedings. This has created difficulties for both husbands and wives looking for legal relief.
