A Comparative Study on Islamic Divorce Law

2014 Fiscal Year Final Research Report

• Project/Area Number: 24530016
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Fundamental law
• Research Institution: Fukuyama City University (2014); Kochi Junior College (2012-2013)
• Principal Investigator: KUWAHARA Naoko 福山市立大学, 都市経営学部, 准教授 (10611361)
• Project Period (FY): 2012-04-01 – 2015-03-31
• Keywords: イスラーム法 / イスラーム家族法 / 比較法 / マレーシア / モロッコ / エジプト / ＵＡＥ / イスラーム離婚法

Outline of Final Research Achievements

This comparative study explores modern Islamic divorce laws in Malaysia, Morocco, Egypt and UAE with special focus on the patriarchal legal character largely based on the reciprocal relationship between the husband's obligation to maintain his wife and the wife's obligation to obey her husband. Such a reciprocal relationship causes unequivocal relationship between a husband and a wife. In this study, inequality between a husband and a women under the orthodox Islamic family law is, to some extent, has been modified by a marriage contract and dowry. Adat in Malaysia also have given effect on modifying it by the regime of division of property between a husband and a wife. In addition, politics largely affects to shape current Islamic family laws and institutions.

Free Research Field

比較法学