The Role of Sharī‘Ah Law in Family Affairs of the Western Muslims

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ID: 311024
2020
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Abstract
Law requires respect from the community for that reason it must recognize all cultural opinions and reflect them as well. It has the ability to define and demark the social boundaries. In a society where presence of migrants generated legal pluralization the uniformity in family law could be negotiated due to cultural veracity. Contrary to various other dimensions of Sharī‘ah, Muslim family laws are not only prominent but also majority of these laws are still practically valid and applied by the Muslims in Muslim and non-Muslim countries. These laws are still regulating the personal and family affairs of the Muslims inhabiting in West. Therefore, it will be suitable to discuss how Western legal frameworks deal with religious liberties and faith-based laws and how it effects the Muslims in the West. The nature of guidance that are sought from Sharī‘ah law by Western Muslims and its interaction with Western family laws is also part of the current debate of validity of Sharī‘ah  for the Muslims in the West which is included in this part of the study. Doctrine of conflict of laws in Islamic Jurisprudence and in western Jurisprudence is also a part of study. Effects of conflict of family laws on Western Muslims discussed in last part of the study. This research is an effort to describe role of Sharī‘ah in family affairs of the Muslim minorities in west and the challenges faced by the Muslims and host countries related to preservation of individual and collective identities and integration.
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Authors Muhammad Zia Ul Haq
Journal Pakistan Journal of Islamic Research
Year 2020
DOI
DOI not found
URL
https://pjir.bzu.edu.pk/index.php/pjir/article/view/146
Keywords Keywords not found

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