InToTheRain
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[PIE]How is Islamic personal law implemented today?
Islamic principles still form the foundations of the legal code governing marriage, divorce, and inheritance in most Islamic nations. On the other hand, many nations have changed classical sharia restrictions, often to expand the rights of women. Such changes have become a major human rights and women's rights issue in the Muslim world, pitting reformists--who want to modernize the law and bring it into line with international norms--against Islamists, "who want the restoration of Islamic law lock, stock, and barrel," Powers says.
What are the traditional sharia laws governing personal status issues?
Marriage: Islamic marriage is a contract between a man and a woman. In the broadest of terms, the husband pledges to support his wife in exchange for her obedience, Brown says. Women can demand certain rights by writing them into the marriage contract, but the man is the head of the family, and traditionally, a wife may not act against her husband's wishes. (The Quran permits men to use physical force against disobedient wives in some circumstances, Powers says.) Traditional practices still have significant impact on modern law: in Yemen and other nations, a woman cannot work if her husband expressly forbids it. In Syria, a wife can work without her husband's consent, if she renounces her claim on him for financial support. Undersharia, a Muslim woman cannot be married legally to a non-Muslim man, but a Muslim man can be married to a non-Muslim woman. Marriages can traditionally take place at young ages--in Iran, the age of consent is 13 for females and 15 for males, and younger with a court's permission. In Yemen, the minimum marriage age is 15.
Divorce: Under sharia, the husband has the unilateral right to divorce his wife without cause. He can accomplish this by uttering the phrase "I divorce you" three times over the course of three months. If he does divorce her, he must pay her a sum of money agreed to before the wedding in the marriage contract and permit her to keep her dowry, Powers says. Classicalsharia lays out very limited conditions under which a woman can divorce a man--he must be infertile at the time of marriage; insane; or have leprosy or another contagious skin disease. Most Islamic nations, including Egypt and Iran, now allow women to sue for divorce for many other reasons, including the failure to provide financial support.
Polygamy: The Quran gives men the right to have up to four wives. There are some traditional limitations: a man must treat all co-wives equitably, provide them with separate dwellings, and acknowledge in a marriage contract his other spouses, if any. A woman cannot forbid the practice, but can insist on a divorce if her husband takes a second wife. Polygamy remains on the books in most Islamic countries, but some countries limit it through legislation. It is banned in Tunisia and Turkey, though reportedly it is still practiced in some areas of Turkey.
Custody: In a divorce, the children traditionally belong to the father, but the mother has the right to care for them while they are young, Powers says. The age at which a mother loses custody differs from nation to nation. In Iran, the mother's custody ends at seven for boys and girls; in Pakistan, it's seven for boys and puberty for girls. Many nations, however, allow courts to extend the mother's custody if it is deemed in the child's interest.
Inheritance: Mothers, wives, and daughters are guaranteed an inheritance in the case of a man's death. In the seventh century A.D., when the law was developed, this was a major step forward for women, Powers says. However, sharia also dictates that men inherit twice the share of women because, traditionally, men were responsible for women, Powers says.
Are non-Muslims bound by personal status sharia courts?
Generally speaking, no. Minorities in Muslim nations are generally governed under separate personal-status laws reflecting their own traditions, experts say. In Egypt, for example, Coptic Christians marry under Christian law, and foreigners marry under the laws of their countries of origin, Brown says. Criminal law, which is generally no longer based on sharia, applies to both foreigners and citizens.
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Unfortunately it is not fully implemented by any Islamic nation, but the Shairah laws are still being applied.
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