2013 Fiscal Year Final Research Report

Private International Law and/or the Islamic Family Law

Research Project

Project/Area Number	22653006
Research Category	Grant-in-Aid for Challenging Exploratory Research
Allocation Type	Single-year Grants
Research Field	International law
Research Institution	Ritsumeikan University (2012-2013) Kagawa University (2010-2011)
Principal Investigator	UEMATSU Mao 立命館大学, 法務研究科, 教授 (00294744)
Project Period (FY)	2010-04-01 – 2013-03-31
Keywords	国際私法 / イスラム法 / イスラム家族法 / 人的不統一法国
Research Abstract	Can Japanese Courts can or even may apply Islamic Family Law, even if it is designated by Conflicts Rule? This problem is taken from both view of theory and practice. I have done research by way of interview and discussion with specialists of Islamic Law and Family Law. 2 trend could be observed: 1 If Japanese courts can get the exact information of Islamic Family Law from the Islamic Lawyer, they can and may. 2 It is very problematic both theoretically and practically. Through the research, I could get very interesting information in France. Some scholars are trying to incorporate Islamic Law into French Law. It will be not possible in near future. But, if there are Islamic population in the country, such a movement might be rather reasonable. In Japan, we might habe also large population of Muslim. Then, the situation in France will be a good comparison.