scholarly journals Alimony for women working in Islamic law and Iraqi personal status law

2021 ◽  
Vol 6 (2) ◽  
Keyword(s):  
Islamic Law ◽  
Personal Status

Be Careful what you Ask for

Hawwa ◽  
2016 ◽  
Vol 14 (1) ◽  
pp. 94-112
Author(s):  
Carolyn Fluehr-Lobban
Keyword(s):  
Islamic Law ◽  
Military Coup ◽  
Personal Status ◽  
The Law

The current Islamist government, ushered in by a military coup in 1989, declared that the Sudan must be governed by Islamic law orshari’ain accordance with what it called the Civilization Project. As expected, the personal status for Muslims laws,Ahwal Shakhsiyya, continued to be governed by shari’a as it has always been. However, the Sudanese society experienced unprecedented changes that are considered un-Islamic, and may be even punishable by law. In this paper two of those changes happened in the institution of marriage. This paper discusses two types of marriage, ‘Urfi and Misyar that are not part of the law, and traditionally unacceptable, and by law deemed by some to be illegal. Some scholars are seeking to normalize and may be legalize both types.

scholarly journals The Islamic Law of Marriage and Inheritance in Kenya

2021 ◽  
pp. 1-25
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Case Law ◽  
Equal Rights ◽  
High Court ◽  
Personal Status ◽  
The Right ◽  
Law Of Succession ◽  
Court Of Appeal ◽  
Islamic Marriage

Abstract Article 24(4) of the Constitution of Kenya qualifies the right to equality “to the extent strictly necessary for the application of” Islamic law “in matters relating to personal status, marriage, divorce and inheritance”. Section 3 of the Marriage Act provides that, although spouses have equal rights during marriage and at its dissolution, “the parties to an Islamic marriage shall only have the rights granted under Islamic law”. The Law of Succession Act states that it is generally not applicable to the estate of a deceased Muslim. In this article, the author examines case law from the Kadhi's Court, the High Court and the Court of Appeal on issues of Muslim marriages and inheritance. These cases illustrate, in some instances, the tensions between Islamic law and human rights.

Christian Agency and Lutheran Personal Status Laws in Palestine

Exchange ◽  
2020 ◽  
Vol 49 (3-4) ◽  
pp. 278-296
Author(s):  
Tala Raheb
Keyword(s):  
Middle East ◽  
Islamic Law ◽  
Christian Identity ◽  
Christian Communities ◽  
Personal Status ◽  
Religious Oppression

Abstract In describing Christianity in the Middle East, scholars often highlight religious oppression, especially in relation to the larger Islamic context. Such contentious descriptions often cast Christians in the role of dhimmis, who are tolerated but not regarded as equal members of Muslim societies. Only in recent years some scholars have begun to modify their depictions of Christians and Christian-Muslim relations in the Middle East. While Christians in the Middle East have experienced and in certain regions continue to experience persecution, solely portraying them as victims does not do justice to the reality on the ground. By means of a case study on Palestine, I argue that an examination of the interaction between sharia (Islamic law) and Christian personal status laws sheds a different light on Christian identity and Christian-Muslim relations in the Middle East, and demonstrates the agency of Palestinian Christian communities in this respect.

scholarly journals IBN RUSHD AS JURIST” AND HIS FATWĀ ON LEGAL CAPACITY

ALQALAM ◽  
2018 ◽  
Vol 35 (1) ◽  
pp. 36
Author(s):  
Fachrizal A. Halim
Keyword(s):  
Islamic Law ◽  
Classical Period ◽  
Legal Capacity ◽  
Muslim Society ◽  
Ibn Rushd ◽  
Personal Status ◽  
Muslim Spain

Legal capacity is one of the major topics in Islamic law on personal status. The Qurʾān deals with this subject, for example in Q 4: 5-6. However, it only discusses the issue of legal capacity in relation to orphans and minors. Based on the loose Qurʾānic concept of orphans and minors, the jurists of the classical period attempted to understand what was meant by legal capacity in Islam and how ought to operated in a Muslim society. One of the most remarkable jurists who tackled this issue was Ibn Rushd (520/1126-595-1198). In his celebrated collection of fatwā, the Fatāwā Ibn Rushd, he explored the issue of legal capacity based on questions brought to him, who at a time sit as a qāḍī in Sevilla and Cordoba. Keywords: Averroes, legal, capacity, personal status, guardianship, Muslim Spain.

scholarly journals HUKUM KELUARGA DI MESIR

2020 ◽  
Vol 1 (2) ◽  
pp. 93-108
Author(s):  
Nurinayah Nurinayah
Keyword(s):  
Middle East ◽  
Islamic Law ◽  
Family Law ◽  
The State ◽  
Law Reform ◽  
Muslim Countries ◽  
Personal Status ◽  
Muslim Majority ◽  
Limited Scope

The application of family law in Muslim-majority countries, especially the Middle East and its surroundings, has different practices, we do not find uniformity in family law practices in these countries. This is influenced by differences in government systems, cultures, situations and conditions of society of each country. Egypt is one of the predominantly Muslim countries which has established Islam as the state religion. Therefore, the principles of Islamic law are the main source of law in the making and formulation of laws, including family law. The practice of Islamic law in Egypt does not fully apply only to areas of family law in a limited scope including the distribution of inheritance and marriage. However, the application of family law in Egypt continues to undergo reforms and reforms. Family law reform took place in Egypt in 1920. This was marked by the promulgation of Law no. 25/1920 regarding family law and care (Law of Maintenance and Personal Status / Qanun al-Ahwal al-Syakhsiyyah wa al-Siyanah). Family law reform in the 1970s was marked by the issuance of laws regarding the authority to the judiciary to force parties (husbands) to pay maintenance fees to wives, widows, children, or parents in 1976. the current era of family law in Egypt continues to experience development. Abstrak Penerapan hukum keluarga di negara-negara yang berpenduduk mayoritas Muslim khususnya kawasan Timur Tengah dan sekitarnya memiliki praktik yang berbeda-beda, kita tidak menemukan keseragaman praktik hukum keluarga di negara-negara tersebut. Hal ini dipengaruhi oleh perbedaan sistem pemerintahan, kultur, situasi dan kondisi masyarakat setiap negara. Mesir merupakan salah satu negara yang berpenduduk mayoritas Muslim yang menetapkan Islam sebagai agama negara. Karena itu, prinsip-prinsip hukum Islam menjadi sumber hukum utama dalam pembuatan dan perumusan undang-undang termasuk hukum keluarga. Praktik hukum Islam di Mesir tidak berlaku secara utuh hanya bidang-bidang hukum keluarga dalam ruang lingkup yang terbatas meliputi pembagian warisan dan perkawinan.  Namun, penerapan hukum keluarga di Mesir terus mengalami reformasi dan pembaruan. Pembaruan hukum keluarga terjadi di Mesir pada tahun 1920. Ini ditandai dengan diundangkannya UU No. 25/1920 mengenai hukum keluarga dan penjagaan (Law of Maintenance and Personal Status/Qanun al-Ahwal al-Syakhsiyyah wa al-Siyanah). Reformasi hukum keluarga pada tahun 1970an ditandai dengan dikeluarkannya aturan undang-undang mengenai kewenangan kepada lembaga peradilan memaksa pihak-pihak (suami) untuk membayar uang pemeliharaan kepada isteri-isteri, janda-janda, anak-anak, ataupun orang tua pada tahun 1976. Hingga era sekarang hukum keluarga di Mesir terus mengalami perkembangan.            

The prohibition of reinstating a divorced wife in the Druze family

1978 ◽  
Vol 41 (2) ◽  
pp. 258-271 ◽  
Author(s):  
Aharon Layish
Keyword(s):  
Islamic Law ◽  
Waiting Period ◽  
The Third ◽  
Religious Law ◽  
Personal Status

The peculiarity of the Druze law of divorce does not lie in the mechanism of dissolution, which is not materially different from that of the Muslim sharī'a, but in its effects: a dissolved marriage cannot be restored; the repudiation of the wife by itself creates an absolute bar to a remarriage between the parties. Article 11 of the Lebanese Druze Law of Personal Status of 1948 (hereinafter referred to as ‘the Lebanese Druze Law’), which was adopted by the Israeli Druze Community in 1961, provides, in conformity with Druze religious law, that a man must not remarry his divorced wife. Unlike Islamic law, Druze law does not distinguish between revocable (raj'ī) divorce, which does not immediately sever the marital bond but permits reinstating the wife during the waiting-period ('idda) by express utterance or significant conduct, and irrevocable (bā'in) divorce, which takes immediate effect; reinstatement in the latter case requires the conclusion of a new marriage with all that this implies (dower, etc.). A Druze divorce is absolute under any circumstances; the wife cannot be reinstated by way of taḥlīl, i.e. an intermediate marriage to another man and divorce from him so as to become again permitted to her first husband; this course is adopted in Islamic law after the third repudiation. Although the Lebanese Druze Law does not say so expressly, it seems that the legislator intended to block the reinstatement of the wife and restoration of the marriage by every possible means. In fact, religious law goes so far as to forbid divorced spouses to meet under the same roof even if separated by many partitions. The ban on taking back a divorced wife dates from the early days of the Druze religion.

Voting, Welfare and Registration: The Strange Fate of the État-Civil in French Africa, 1945–1960

2012 ◽  
Author(s):  
Frederick Cooper
Keyword(s):  
Life Events ◽  
Islamic Law ◽  
Civil Code ◽  
Social Benefits ◽  
Single Body ◽  
Personal Status

In 1946, the French constitution made colonial subjects in Africa into citizens. Having been content to rule ‘tribes’ via their ‘chiefs’, at that point it had to track individuals entitled to vote and receive social benefits. The new citizens retained their personal status — regulating marriage, filiation, and inheritance — under Islamic law or local ‘customs’ rather than through the civil code. That posed a dilemma for French officials, for the état-civil did not just record life events, but symbolized the integration of all into a single body of citizens. French officials and legislators — including African representatives — could not agree on whether the multiple status regimes necessitated two états-civils or one. In the end, officials were too torn between their recognition of difference among peoples under French rule and their desire for singularity to put in place a consistent policy of identification, registration, and surveillance. They bequeathed the problem to their successors.

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