Paper Research

Afghanistan:
Reforms instituted by Amir Abd al-Rahman Khan from 1880 to 1901 limited power of ulema (religious
leaders) (Malikyar 391)
Also when first attempts to codify the law occurred (Malikyar 391)
Women also given the right to seek divorce in cases of non-support (Malikyar 391)
Difference was not that the reforms ran in opposition to the sharia, but rather that a royal decree was being
issued to enforce men to follow the sharia
o Unfortunately many of the above reforms were not as visible
King Aman Allah (r. 1919-1929) attempted various reforms, including the abolition of polygamy believed
it was not possible to treat all wives equally however, representatives wouldnt allow it, but they did allow
women to petition for a divorce if she felt she was not treated fairly upon her husband taking another wife
(Malikyar, 393)
Civil Law of 1977 matrimonial code not restrained to the Hanafi school for example, drew on the
Maliki school (most liberal) for reasons in which a women could seek divorce (Malikyar 393)
Marxist regime takes over led to jihad (Muslim rising against) many of the reforms set back. For
example, polygamy was encouraged since Muslims were at war and widows needed to be taking care of
everything reverted back (395)
1996 Taliban take over
Bangladesh:
Judicial activism is compatible with Islamic teachings (Hoque/Khan 206)
Legacy of the British - treated Islamic law as a unified system, thus giving the impression that it was
impermeable to change
After independence, courts continued the tradition that was established in Pakistan of interpreting traditional
laws liberally (Hoque/Khan 213)
Muslim Family Laws Ordinance (also in Pakistan) imposed limits on divorce and polygamy (Hoque/Khan
215)
o Husband must get permission from the Arbitration Council for another marriage (216)
Personal law in South Asia almost completely uncodified, leaving it open to judicial interpretations
(Hoque/Khan 217)
HCD = High Court Division of Supreme Court in Bangladesh
o One court ruling allowed a wife to obtain a divorce even if the husband did not agree (although, had
to give up dower-claims) - followed on model of Pakistan
o Another ruling said that a (1965) if the husband purposefully withheld dower payments, the wife
could petition for divorce
Although have made some minor adjustments, fail to do anything too radical (Hoque/Khan 223)
Believed that restrictions on polygamy might result in increase of divorce and thus widespread destitution
and economic misery (225)
Many reforms not actually enforced rarely are punishments carried out for ex (227)
Superior court-based activism has not necessarily filtered to the lower junior judiciary (234)
Egypt:
Law of Personal Status of 1929 is the basic guideline for personal law in Egypt (Mashhour 579)
o Has four grounds listed for divorce: husbands failure to provide maintenance; the husbands
dangerous of contagious disease; desertion, disappearance, and imprisonment of the husband; or
maltreatment

1985 amendment allowed for a woman to divorce upon learning that he was entering into another marriage
(Mashhour 580) Personal Status Amendment Law of 1985
In 2000, a new law stipulated that a woman could obtain a divorce by court order even without the consent
of the husband if she agreed to pay him back the dowry and the rest of her material rights (almost verbatim,
Mashhour 583)
2000 law also allowed a women to petition for a divorce within one year of hearing that her husband wants
to remarry (Marcotte 159)
Follow the Hanafi school of law most rigid (Esposito 51) once again, had to adopt ideas from the Maliki
school in 1929 (Esposito 52)
1926 Egyptian government created a committee to recommend reforms in Islamic law concerning
marriage and divorce (Esposito 57)
o Wives could include stipulations in the marriage contract (follows Hanbali school)
o Also said that restrictions should be placed on polygamy - need permission of local qadi, and qadi
should investigate to make sure can actually treat wives equally
o Explanatory Memorandum gives both juristic bases for reform as well as references contemporary
Egyptian social situation (57)
o Unfortunately, although accepted by Cabinet, large controversy caused King Fuad to not support the
reforms (58)
Reforms were again sought multiple times throughout the twentieth century with little success (Esposito 5860)
Reforms that were enacted generally were based in the Quran (Esposito 62)
Stimulus of reforms came from Turkey (example of outside influence)

Indonesia:
Marriage Law 1/1974 women and men have equal rights to file for divorce
Iraq:
1959 Iraqi Personal Status Code (and 1978 amendments) polygamy can be granted by a court under two
conditions husband can financially support two households and that he can prove lawful benefit
(Marcotte 159)
Iran:
Many reforms introduced were abolished after the revolution in 1979 reforms included strict limits on
polygamy, more lenient divorce rulings (Marcotte 161)
1967 Family Protection Law abolished husbands right to polygamy, and provided men and women equal
rights to divorce (Esposito 106) however, all of these revoked in 1976 Khomeini did introduce a new
Civil Code however that combined Ithan Ashari legal ideas with modernity (Esposito 107) which
includes the 12 conditions in the marriage contract husband and wife may chose to accept or not accept
must go through and sign each one
Some reforms have come about, including the inclusion of 12 conditions in the marriage contract aimed at
promoting greater understanding of the rights of the partners in the marriage including the right of the wife
to divorce under certain conditions (Marcotte 161)
If husband asks for a divorce and the court finds it is at no fault to the wife, then the wife gets half of the
husbands property (Marcotte 161)
Marriage contract contains 12 conditions which both parties must sign (Esposito 103)
o Requires that all the reasons a women may divorce be listed, so that the women becomes aware of
her rights (Esposito 104)
Jordan

Law of Personal Status (1976) no restrictions on polygamy, but a wife can put in the marriage contract that
she can divorce the husband if he takes another wife (Marcotte, 160)
Attempts at introducing reforms in 2003 failed (included allowing a women to divorce on demand with
some provisions, of course, that she must return her dowry, undergo a 30 day period of reconciliation and
waive financial obligations listed in marriage contract (Clark/Young 337)
Reforms failed for these reasons:
o King Abdullah rose to the throne five years after his father signed a peace treaty with Israel this
peace treaty led to increased Islamist opposition, which continued during the reign of Abdullah,
however, he has been much less lenient with the opposition than was his father (King Hussein)
(Clark/Young 339)
o NGOs highly regulated in Jordan, making it difficult for women to form them or for womens groups
to work with hem structure provides the government an indirect form of control over the activities
of other NGOs (Clark/Young 342)
o Presented the reforms based on arguments of equality and womens rights mirrored too much the
rhetoric of the West (Clark/Young 343)

Malaysia:
Criminal offense to disseminate any opinion contrary to any official fatwa makes it difficult to speak out
against the mistreatment of women (Othman, 346)
Muslims in Malaysia are subject to Islamic law (Siraj 561)
1970s model Islamic Family Law Act drafted because each state had its own draft of family law, which
were often contradictory concerning measures to control polygamy, etc (Siraj 565)
Codified laws in an effort to make women more aware of what rights they did have (Siraj 565)
Kelantan Islamic Family Law Enactment requires husband to obtain court permission before taking
another wife wife is supposed to be informed that he might take another and consent to it. Husband is also
supposed to show he can support two wives, but in practice, as long as the husband says that he can, the
court accepts that he can (Siraj 566)
o `Also, usually, as long as the husband says that his wife consents, he is believed to be telling the
truth
Very difficult for a wife to get a divorce, usually must pay the husband to divorce, and is usually financially
unable to do so since she earns no income (Siraj 568)
Morocco:
1958 Code du Statut Personnel polygamy not allowed if any fear that there were be unequal treatment of
the wives follows Maliki school of law (Marcotte 158)
o 1993 also added another requirement that the husband notify the first wife of his desire to marry
again must also tell the new wife of his other wife (ves)
o Women can also put in marriage contract that the husband cannot marry again
o Women should give consent to be married and sign contract (Moghadam 13)
2003 king Mohammed VIannounced new family code establishes idea of gender equality as well as
replaces repudiation with consensual divorce
Morocco joins Tunisia and Turkey as being one of the only countries in which the husband and wife share
responsibility for the family
An example of how womens rights advocates can build coalition to generate social dialogue, launch key
policy debates, help reform laws and change public policy (Moghadam 14)
o Successful because built coalitions with progressive parts of the government/society and used the
Islamic sources to legitimize their arguments (Moghadam 14)
o Moroccan women had the advantage of a sympathetic and supportive political leadership, a factor
not present in all the countries in the region (Maghadam 15)

2003 reforms included stricter regulations regarding polygamy, allowing women to engage in a marriage
contract herself rather than through a male representative, allowing both men and women to initiate divorce
(Clark/Young 335)
Several womens rights movements in the 1990s petitioning King Hassan II (Mohammeds father)
(Clark/Young
Major factors contributing to new found reforms:
o Mohammed brought a wave of reforms upon taking office for example, liberated 46,000 prisoners,
planned for elections, etc (Clark/Young)
o Terrorist attacks in Casablanca led public opinion against Islamists therefore, Islamists were
politically weakened at the time of the legislation (Clark/Young)
o Womens rights groups are closely linked to human rights movements and leftist political parties
(Clark Young 337)
o Reforms were seen in the context and language of Islam King referenced the sources and the
example of Mohammed (Clark/Young 340)

Pakistan:
1939 Dissolution of Muslim Marriages Act similar to Egypt, added reasons why a wife could obtain a
divorce desertion, failure to maintain, perform marital obligations, severe or chronic (physical or mental)
defects, and cruelty/maltreatment (Esposito 76)
Polygamy legal, though must be deemed necessary and just by the court and requires written permission
of the first wife (Marcotte, 158)
Post-independence Pakistani judges began seeing the law as a changing force and looked to all the school
when determining decisions (Hoque/Khan 211)
August 1955 Commission on Marriage and Family Laws was established to review Muslim family law
(Esposito 81)
March 1961 Muslim Family Laws Ordinance of 1961 (Esposito 81)
o Created an Arbitration Council to handle polygamy
Married man must get permission before obtaining a second wife (Esposito 82) and state
reasons for the proposed marriage and the attitudes of the wife or wives toward the new
marriage
o Also used the Arbitration Council for divorce however punishment is lenient, and thus often times
divorces occur regardless (Esposito 83)
o Followed the spirit of Quran
Unlikely to be any more reform in the future as Pakistan has become increasingly Islamic
Legislature has played a key role in reforms (Esposito 122-123)
o Part of legacy of not adhering strictly to what the documents said came from the fact that British
served as jurists until the late 19th century (Esposito 123) often went by British law instead of
Islamic law, for example
o Only Hanbali school accepts inclusion of marriage stipulations, however, courts often allow them
(Esposito 124)
o Court said if there is no clear rule of decision in Quranic and traditional textsa court may resort to
private reasoning. (quoted in Esposito) however, unfortunately, often times these reforms are not
as rooted in Islamic rationale as they need to be to be fully accepted by the community (Esposito
125)
o New government has been reviewing some of the laws enacted by the judiciary in the 60s and 70s to
see if they are compatible with Islam
Saudi Arabia:

Ratified Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
however, made the reservation that if there is conflict between Convention article and Islamic Law, Islamic
law prevails (Almihdar, 1)
Hanbali School however, can still refer to other schools if they seem more just or fair (Almihdar 1)
Under Hanbali law, a woman is never allowed to end marriage contract needs a guardian to act on her
behalf (Almihdar 3)
However, can add stipulations to the marriage contract, including that the husband is not allowed to take a
second wife
Can divorce for physical/mental defects of husband, failure to pay maintenance, absence of the husband
for 6 months without cause, failure of husband to observe a stipulation in marriage contract (Almihdar 4)
also recently has accepted another reason recognized by Maliki school harm

Syria:
Syrian Law of Personal Status of 1953 (and 1975 amendments) similar procedure with same two
conditions as in Iraq, but also states that the husband must be equally just to all wives (Marcotte 159)
however, even though second marriage not necessarily recognized by law, if second wife becomes pregnant
or has children, then it becomes a de facto marriage
Tunisia:
1956 after being under French rule, Tunisia had become exposed to the differences between Western
culture and Islam nationalists believed that the backwardness of Muslim societies was due to its inability
to evolve and to develop with the modern era and that there was no inherent contradiction between Islam as
a religion and the modern world (Mashhour 584)
Polygamy is banned Tunisian Code of Personal Statues Habib Bourgiba (ruler) outlawed because he
didnt think that equal treatment of wives was possible (technically called the Code du Statut Personnel)
Women have equal rights to men regarding divorce however, reconciliation efforts are obligatory
1993 Tunisian Code of Nationality
Part of the reason the reforms int eh 1950s were possible was because the new modernizing government
faced no challenges at the moment it took power (Charrad)
Misleading to believe that the reforms in the 1950s came about as part of a womens movement, when in
fact, most women at the time were promoting a nationalist sentiment, rather than a feminist agenda
(Charrad)
Reforms in 1956 made divorce a matter for the courts, did not allow a husband to simply repudiate his wife,
and also let the wife file for divorce women and men had equal rights and equal costs with regards to
divorce (Charrad)
Maliki school of law prior in 1956
Women played a much more activist role in the reforms of the 1990s (Charrad)
1993 reforms introduced matrilineal descent that a mother could pass her nationality onto her sonchallenges the assumption of a patrilineal society (Charrad)
Womens associations developed in the 1970s and 1980s to show that women were still treated unequally
and to support the struggle for equality watchdogs of gender legislation (Charrad)
Reforms in family law were part of a broad spectrum of reforms and not specific to just family law
(Charrad)
Once Tunisia became identified with woman friendly legislation earlier than other countries in the ArabIslamic world, it became a matter of national pride and international recognition to continue on that path.
(Charrad)
Does not see its reforms as part of secularization, but rather modernization and relies on ijtihad
(Wing/Kassim)
Male dominated patrilineages no longer dominate society, thus making it easier for reforms (Charrad)

Appearance of two societies in Tunisia upper class, Westernized elite and lower class which still holds
onto many Islamic practices (Wing/Kassim)

Turkey:
Tanzimat first attempt to reform the Ottoman state also the first attempt to modernize and codify part of
Islamic law (Marcotte, 154)
Mejelle partial codification of Islamic law although the authors argued they solely used the Hanafi
Islamic school, they in fact incorporated elements from the other three Sunni schools as well (Marcotte,
154)
Neither Mejelle nor Tanzimat included reforms in family law (Marcotte, 154)
1915 and 1917 Ottoman family laws
Ataturk adopted a slightly modified Swiss Civil Code of Law which allowed equality of men and women
with regards to divorce and child custody
o Also, therefore, included an abolition of polygamy Turkish Civil Code (1926)
Turkist movement that emerged at the turn of the century argued that Turkish womens rights declined as
Turks moved away from traditional values, therefore, they argued that returning to their cultural
authenticity would restore womens formerly dignified status, which was eradicated, first by the advent of
Islam and later through Ottoman social doctrinarian. (Andolu-Okur 16)
Turkey wanted to modernize in order to counteract the judgment by Westerners that they were inferior or
backward (Andolu-Okur 24)
General Themes:
Islam offers an egalitarian beginning of human life, as the Quran does not hold Eve responsible for
committing the original sin (Mashhour, 564)
Quote from Quran And if ye fear that ye shall not be able to deal justly with the orphans, marry women
of your choice, two, or three or four; But if ye fear that ye shall not be able to deal justly (with them), then
only one, or (a captive) that your right hands possess.
Selection from all four Sunni schools even if a government is associated with one in particular
Hanbali Islamic school allows women to include a stipulation in their marriage contract not allowing their
husbands to take a second wife (Marcotte, 156)
General divide between theory and practice
Muslim women do, nonetheless, remain the most powerful symbol of what constitutes an Islamic identity.
Women are, therefore, readily used as a bargaining chip in the struggle that takes place within Muslim
societies. (Marcotte, 163)
CODIFICATION, INFLUENCE OF WESTERN LEADERS, IMPORTANCE OF COURTS,
IMPORTANCE OF FAMILY LAW
Discrepancy between theory and practice
the female segment of the population has been targeted as the most visible and effective means of
generating attention in a traditional and tribal setting such as Afghanistan (Malikyar, 397)
1960s, 70s have spawned many Islamist movements and activisms (Othman, 339)
Women cannot reject shariah as it would be seen as rejecting their heritage, their identity, and oftenthey
will be accused of rejecting their religion (Othman 339)
The general or common pattern among Muslim states seems to be that women and womens
groups/organizations are often caught up in the middle of political or social forces competing for state
power and control. (Othman, 340)
Those countries that were once under colonial rule share a common post-colonial phenomenon of the
reassertion of an authentic cultural identity (Othman, 343)
o Central to reclaiming the lost identity is to restore the ideal Muslim woman

o Especially in countries where Muslims are minorities, a deepening sense of Islamic identity ahs led
many Muslims to advocate conservative Islamic values (Othman, 343)
In the modern era, womens rights groups will play an increasing role in promoting equality before the law
Importance of Ijtihad
General trends in Islamic societies have tended towards judges/courts, codification of the law, emphasis on
written documentation, and expansion/protection of womens rights in marriage/divorce (Esposito 93)
Women activistsnote that the codification and unification of the legal codes and practices at the very
least provides a legal guarantee of womens rights (Esposito 93)
Shift from private to public (Esposito 94)