FAMILY LAW REFORM IN THE ISLAMIC WORLD

Abstract

The purpose of this study is to reveal the history of Islamic family law reform in the Islamic world, the triggering factors for family law reform in the Islamic world, the objectives of family law reform in the Islamic world, the methods of Islamic family law reform, and the contents of Islamic family law reform. This research is qualitative, and the type of research is library research. The data collection method used is a literature study. The research results show that; 1) Family law reform only took place in the middle of the second decade of the twentieth century, in 1915. Once again, this family law reform started in Turkey. Ottoman Turkey became the first country to reform family law by issuing two decisions by the Ottoman Empire Caliph (two imperial decrees), Sultan Muhammad V, regarding the rights of wives. 2) Trigger factors for family law reform in the Islamic world: Economic, Political, Legal, and Social. 3) Islamic Family Law Reform aims: unification of marriage law, elevating the status of women, and responding to the times. 4) Islamic Family Law Renewal Method: The procedural expedient, The eclectic expedient, the expedient of re-interpretation, The expedient of administrative orders, and the judge's decisions. 5) Content of Islamic Family Law Reform: Minimum age for marriage, the role of guardian in marriage, marriage registration, marriage finance, polygamy, wife maintenance, divorce before the court, divorced wife's rights, pregnancy period and legal consequences, child rearing after divorce, male-female inheritance rights, wills for heirs, and management of family endowments.