Muslim Law: Judicial and Legislative Changes Around the World

26 Pages Posted: 25 Dec 2014

See all articles by Moslay Uddin

Moslay Uddin

University of Dhaka

MD Ayatullah

University of Dhaka

Date Written: December 17, 2014

Abstract

The prime objective of this paper is to find a way out to the discomfiting situation that now exists. An attempt has been made to point out the exact sites of contradiction with the orthodox law and to link between the mainstream Islamic law and the present judicial thought. Here, the limitations that we have not crossed yet in the field of reforms in Islamic principles have been incorporated.

This paper is divided into eleven chapters. The first chapter presents the scope and objectives of the research along with a short description of the methodology of the research. The second chapter narrates the fundamental issues of the Islamic law of reforms and a short description of our present legal system. The third chapter deals with the concept of Muslim marriage and certain other mandatory issues that validate the marriage, with a discussion of certain reforms. Fourth chapter deals with the provision of dower and some reforms regarding the implementation of this right. The fifth chapter deals with the maintenance right specially focusing the post divorce maintenance. Chapter six describes the provisions of dissolution of marriage and reforms regarding women’s right to divorce, and restriction on husband’s capricious exercise of divorce. Chapter seven contains the discussion of polygamy and intervening marriage with reforms that has taken place in the contemporary world. Eighth chapter deals with custody and guardianship of Muslim child and judicial review. Under chapter nine inheritance rights and the question of equality has been described. This chapter also contains a discussion on the application of the doctrine of representation. The last chapter enunciates the findings and concludes the study.

Keywords: muslim law, legislative reform, judicial reform, marriage, dower, divorce, maintenance, inheritance

Suggested Citation

Uddin, Moslay and Ayatullah, MD, Muslim Law: Judicial and Legislative Changes Around the World (December 17, 2014). Available at SSRN: https://ssrn.com/abstract=2539541 or http://dx.doi.org/10.2139/ssrn.2539541

Moslay Uddin (Contact Author)

University of Dhaka ( email )

University of Dhaka
Dhaka 1000
Ramna, Dhaka, Dhaka 1000
Bangladesh

MD Ayatullah

University of Dhaka

University of Dhaka
Dhaka 1000
Ramna, Dhaka, Dhaka 1000
Bangladesh

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