Developments and evaluations in Islamic family law in the light of experiences of Muslim countries

Abstract

This study points to the problems inherent in transitioning from an era dominated by centuries of diverse family law provisions to a new era that has brought challenges. The complex issues and rapid transformations in Muslim countries' family laws have significant conflicts and repercussions for Muslims regarding marriage and divorce matters. This research’s main objective is to conduct a comparative analysis of the codification of Islamic family laws in four prominent countries of the Islamic world and their development, spanning from the 19th century to the present, with a particular focus on Islamic jurisprudence. The countries under examination are Turkey, Jordan, Morocco, and Malaysia. Employing an inductive approach, the study delves into the intricate aspects of codification, Tadwīn, and family law directly pertinent to the subject matter. It extensively discusses the codification history of these four nations and examines the contemporary issues regarding Family Law. The research subsequently employs analytical and field approaches to assess contentious issues and elucidate divergent viewpoints within each country. During the field study phase, twenty-one experts were interviewed using a semi-structured method, comprising eight experts from Turkey, six from Jordan, two from Morocco, and five from Malaysia. A comprehensive set of five questions was posed to these experts, aimed at capturing their insights on the subject matter and its crucial implications for their respective nations. Additionally, the research highlights critical contemporary family law challenges, such as alimony throughout life, polygamy, conversion of spouses to another religion during the marriage, marriage registration, and the issue of arbitration in family law, all analysed from the perspective of fiqh. The findings of this research reveal that the Islamic family laws, previously codified, continue to undergo modification to address evolving issues within Muslim families and adapt to changing times and circumstances. Consequently, this study advocates for the indispensability of codification in fostering societal harmony and welfare. Furthermore, it emphasises the pivotal role of effectively implementing family law to promote unity. In this regard, alternative approaches, such as arbitration and mediation, are proposed to complement the existing legal framework.