Muslim Family Laws: Trajectories of Reform

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Main author: Welchman, Lynn
Other authors: Jouriou, Zahia
Sharafeldin, Marwa
Format: Monographs and Working Papers           
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id eprints-41698
recordtype eprints
institution SOAS, University of London
collection SOAS Research Online
language English
language_search English
description We open this paper with the question that guided us in its writing: What are the different pathways through which Qurʾanic ethics of equality, justice and care can be and have been incorporated today into the texts and practices of Muslim family laws? With examples from different states in the Middle East and North Africa, we first focus on strategies involving reform of substantive laws through arguments based on religion, constitutional law, human rights, socio-economic realities and other sources. We then examine approaches to legal change through procedural or administrative regulation. Finally, we look at efforts to influence family dynamics and practices by enacting or reforming legislation outside of family or personal status laws, such as in the enactment of laws related to domestic violence or revision of penal codes. In conclusion, we consider the strengths and weaknesses of these approaches and reflect on how, regardless of the approach, it is essential to have women’s groups and other civil society actors engaged in sustained action that can be amplified when political opportunities for reform arise.
format Monographs and Working Papers
author Welchman, Lynn
author_facet Welchman, Lynn
Jouriou, Zahia
Sharafeldin, Marwa
authorStr Welchman, Lynn
author_letter Welchman, Lynn
author2 Jouriou, Zahia
Sharafeldin, Marwa
author2Str Jouriou, Zahia
Sharafeldin, Marwa
title Muslim Family Laws: Trajectories of Reform
publisher Working Paper Series: School of Law, Gender and Media
publishDate 2023
url https://eprints.soas.ac.uk/41698/

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