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Muslim Family Law and Legal Practice in the West: An Introduction

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... The development of family law codification is a relatively new phenomenon in Western legal systems. Before this, non-state regulations governed family matters, relying on tribal and customary norms that were mostly monitored by chiefs of tribes and religious authorities Giunchi, 2014). It wasn't until the twentieth century that family laws were subjected to formal legal scrutiny, with many countries attempting to codify family laws to foster gender equality and individual rights (Sonbol, 2009). ...
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This research article delves into Nikah's profound significance in Islam, emphasizing its close connection to divine law as revealed in the Quran and Sunnah. Nikah is a spiritual covenant between couples that promotes affection, understanding, and cooperation and serves as the foundation for stable families. It is more than just a legal document. The author also discusses the goals and objectives of marriage from a socio-religious standpoint. The Muslim Family Laws Ordinance of 1961 is a critical piece of legislation in Pakistan's Muslim family law system, striving to safeguard people's rights and equality among men and women by Islamic principles. However, there are practical barriers to its implementation, such as incoherent rulings from the courts. This article emphasizes the continuing need for the legal system and society to defend justice and equity within the institution of Nikah to foster family well-being and uphold Islamic family values.
... 44 Where friends and family are unsuccessful in resolving the matter, Muslims may refer marital disputes to alternative channels such as a mosque or a SC. 45 SCs are quasi-legal, unofficial bodies that function to mediate, arbitrate, and issue Muslim divorce certificates. A product of transnational networks, they operate within a national and global landscape and mirror the local ethnic profile of Muslim communities in which they are situated. ...
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Muslim family law represents the aspects of Shariah law (ie Islamic law) that governs marriage, divorce, maintenance, child custody, and inheritance.1 In Muslim majority countries, codified Muslim family law is included in personal status law: some countries have retained classical or traditional interpretations of Islamic law, whilst others have introduced legal reforms and women’s rights.2 Some diasporic Muslims take the view that part of being faithful to the religion is to follow the customs of their country of origin, including marriage and divorce, and thus apply Shariah law in a personal capacity.3 Others argue that there should be one law applicable to all citizens and that there is no place for Shariah law in Britain.4 There are claims that Muslim women are coerced into using Shariah councils (SCs) and forced to reconcile with abusive husbands,5 and that Muslim women concede their civil rights and agree to a weaker bargaining position on account of Shariah law.6 However, as the practice of Muslim family law among British Muslims exists within the private domestic sphere, there is a lack of documented evidence of Muslim marriages and divorce cases reported to substantiate such claims.
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