In recent years Islamic
doctrine has assumed a more visible place in the Indonesian legal system. This
trend arguably dates from the passage of the National Marriage Act in the
mid-1970s, which for the first time gave explicit recognition to Islamic
doctrine as state law. Its most conspicuous manifestations, however, have
occurred since the mid-80s. In 1989 the Religious Judicature Act significantly
expanded the system of Islamic courts, ended their subordination to the civil
courts, and enlarged the courts' substantive jurisdiction.
“Whereas sovereignty over the
entire universe belongs to Almighty Allah alone and the authority which He has
delegated to the State of Pakistan through its people for being exercised
through their chosen representatives within the limits prescribed by Him is a
sacred trust; And whereas Islam is the State religion of Pakistan and it is the
obligation of the State to enable the Muslims of Pakistan, individually and
collectively, to order their lives in accordance with the fundamental principles
and basic concepts of Islam set out in the Holy Qur'an and Sunnah;
There are deep divisions within the Afghan central government between those who favour a conservative interpretation of Islamic law and those who want to revive more progressive ideas about the judiciary.
Three important changes in English
law in the past quarter of a century have opened the doors of the English
matrimonial Courts to Muslim spouses resident in England. Prior to 1973, the
English Courts exercised divorce jurisdiction on the basis of domicile; spouses
resident but not domiciled in England could not invoke the jurisdiction of the
English Court to terminate their marriage.
The custom of arranged marriages is
generally endorsed by South Asian communities of all religious affiliations. The
system may have some advantages if due regard is given to the wishes and
preferences of the intended spouses, and if dowry considerations do not turn the
exercise into a commercial transaction — both very big “ifs.” It is the ugly
side of arranged marriages that has made headlines in the British and American
press several times in recent years.
One of the most frequent questions I am
faced with in the process of my dialogue with men regarding the personal laws and
women’s rights is whether or not we, women - think Mehr is a provision which
is an unjust imposition on men. They further ask whether or not we, women -
who demand equality for ourselves be against this provision?
Soon after I began my study of the
religious life of the Lebanese Shi’a residing in the eastern section of
Dearborn, Michigan, I occasionally heard rumors that mut’a (temporary or
pleasure marriage) was being encouraged by the religious leaders (shaikhs) in