Critical Analysis Of The Modernisation Of Muslim Matrimonial Laws

Mahi Pandit, PES University

ABSTRACT

Islamic family laws are the set of rules and laws pertaining to upholding Muslim families that are derived from the Quran, hadith, regulations of Muslim scholars of law, and the Muslim community's ijma. It covers topics such as adulthood, marriage, sexuality, parenthood, adoption and guardianship, descent, misconduct, and other relevant topics. In the early years of Islam, conventional Islamic family law was largely a reflection of the feudal structure of the rural society. Not surprisingly, some of that law's structures and norms have been seen as being out of stride with the realities of modern Muslim society, especially in metropolitan regions where indigenous connections have broken down and feminist institutions have emerged. The issue of the legal foundation for changes has been a major concern for reformists in the Middle East. Given their societal acceptability, changes have needed to be substantiated in accordance with Islamic jurisprudential doctrine in order to be framed as an alternative but still acceptable interpretation of the sharia. Among the various other subjects covered by the islamic family law, the legal framework that immediately replaced the archaic "hanafi" law was used to amend underage marriages and divorce laws in India. For example, The Dissolution of Muslim Marriages Act, 1939, in accordance with the English Matrimonial Causes Acts, allowed a "hanafi" spouse to seek a legally binding divorce on the common grounds of violence, abandonment etc. The Child Marriage Restraint Act,1929 forbade marriages of girls below the age of fourteen and males less than sixteen under the threat of punishments. The contrasting envision reveals a range of reformation alternatives. The Hanafi doctrine is on the reverse extreme of the spectral as the most orthodox status, whilst Tunisian reform of law turns to reflect the most liberal alternative.

Thus, this paper shall attempt to throw light upon the journey of Islamic matrimonial laws into its modern legal framework in order to meet the legal needs of the contemporary world. It shall also attempt to focus on the impact of these reforms on the conservative society that relied upon the taqlid doctrine of Islamic law which firmly adhered to the conservative approach.

Keywords: Islamic Law, Hanafi laws, Shia School, Sunnah, Quran, Marriage, Divorce, Reforms, Taqlid doctrine, Fatwas, Modernization.