Muslim Family Laws, Human Rights and Women’s Rights, 1945–2016
摘要
Muslim Family Laws (MFLs) are bodies of rules derived from Qur’an, hadith, and fiqh. They regulate familial relations (e.g., marriage, divorce, custody, inheritance) among Muslims. There are currently 53 countries in the world that formally integrate MFLs into their national legal systems. There are large differences in interpreting MFLs across these states due to sectarian, geographical, political, cultural, and historical factors. As a result, in each country, individuals, especially Muslim women, are accorded different rights, protections, and duties under different MFL systems. In addition to identifying historical trends, the chapter analyzes several national systems in depth by demonstrating how and when important advances or regressions in human and women’s rights friendliness of Muslim family laws have occurred and what socio-political and legal factors have led to these changes.