In the process of secularization, Islamic countries have undergone various changes. However, Islamic Family Law still remains as one of the important symbols that demarcate Islamic countries from non-Islamic countries as it governs the laws related to ...
In the process of secularization, Islamic countries have undergone various changes. However, Islamic Family Law still remains as one of the important symbols that demarcate Islamic countries from non-Islamic countries as it governs the laws related to marriage, divorce, and inheritance among Muslims. The project which studies possibilities of reform of Islamic Family Law from women's perspective is not only a study that simply explores social system of the Islamic countries, but it is also a study that deals with changes of women's status in Islamic countries. The aim of the study is to explore if there are any possibilities of reform Law from women's perspectives in Islamic Family. To achieve the goal, the first year of the study covers Egypt, Morocco, Tunis, Turkey, and the second year of the study added Qatar, one of the most conservative countries in the Middle East. Research method is also differently applied in each year. While in the first year, interview with intellectuals are used to explore if there are any possibilities of reform in the family law, in the second year of study, questionnaire with ordinary male and female Muslims are used to explore how ordinary Muslims recognize and practice the law in the everyday life.
As a result of the study in the five countries, we found the family law in each country had differently developed according to existing customs and traditions of the country, as well as the degree of openness to the outward including the West, and the will of the government. For example, in the case of Qatar, the country which is regarded as one of the most conservative countries in the Middle East, had recently taken the last step to codify new Family Law, satisfying both Islamic Law, Shari'a and social change. It is expected that neighbouring countries would follow in the wake of Qatar's case when Qatar publicized the new law. In the case of Egypt, even though the Family Law once seemed to develope in the direction of limiting women's rights since 1980s when the conservative is growing, however, it is also slowly changing to improve women's rights. Morocco had publicized Family Law in 1957 and since then, it has developed to balance between Islamic value and improvement of women's right at the government level. Tunis and Turkey have the most progressive Family Law in the Middle East. For example, Family Law in both countries try to guarantee women's equal right to that of men. It abolished polygamous marriage and guaranteed women's right in the case of divorce. However, Tunisian Family Law is distinguishing itself from Turkish Family Law in the aspect that the former recognize Islam and ijtihad, and pursuit reform within Islam, the latter has introduced secularized Family Law in 1926, following Swiss civil law, under the name of reform of the country.