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Tabsir.net
April 4, 2009
Many people in the Western world think that shari’ah is a set of legal rules which
Muslim countries apply in a uniform way, in all matters of substance. However, shari’ah rules
vary significantly from one country to another, as well as over time. Thus, the status of
women in Muslim countries, which is ruled by shari’ah, differs significantly from one country
to another. On any given issue, some national “personal status codes” grant women more
rights or protect their interests better than other codes.
According to feminine NGOs working in the field of Muslim women’s rights, the
adoption by Muslim countries of the more favourable rules (designated as the “best
practices”) would contribute significantly to the reform of family law “within the religious
framework”, and bring it closer to contemporary international standards.
Bibliography
Al_Qaradawi, Yusuf : Assahwa al_Islamiya, Cairo, 1991
An-Na’im, Abdullahi A. : ed. Islamic Family Law in a changing world, London, Zed
Books, 2002
Women for Reform (WFR): “Shadow report” from Saudi Arabia’s ad hoc group of
women to CEDAW, 2007
Saudi Arabia: Official Government Report to CEDAW, 2007
Morocco : Family Law Code, 2004
Collectif 95 Maghreb-Egalité : Guide to equality in the family in the Maghreb, 2003
Collectif 95 Maghreb-Egalité : One hundred steps, one hundred provisions for an
egalitarian codification of Family and Personal Status laws in the Maghreb, 1995
Freedom House: Women’s Rights in the Middle East and North Africa, 2005
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Report 2005 – Towards the Rise of women in the Arab world, 2006
Sisters In Islam (SIS): Best practices in family law
Sisters In Islam (SIS): Guide to equality in the family in Malaysia
Rand Corporation: “Best practices” Progressive family laws in Muslim countries,
2005
Women Learning Partnership (WLP): Best practices in family law