Family law in Islam; between the demands of fiqh and society

Held on the 26th to 27th March 2015, The Al-Mahdi Institute hosted the 3rd Annual Contemporary Fiqhi Issues workshop on the topic of; ‘Family Law in Islam: between the demands of fiqh and society.’ Bringing together a host of scholars and specialists worldwide, the workshop was the perfect platform for the participants to present relevant comparative, sociological, anthropological and/or historical approaches that address the fiqhī reading of family law and its application in contemporary society.

Family law is defined as an area of law that deals with matters and regulations that have a significant impact on family relationships, particularly relating to marriage, divorce, adoption, custody, inheritance and abuse. In the contemporary age, obligations and disputes within the area of family law have grown, and now family law is entwined with debates over the structure of family, gender bias, and morality. In addition, changing social and cultural norms, coupled with the diverse regulatory frameworks of different nation states have led to numerous specific challenges relating to issues around family hierarchy, forced marriage, the age of consent, polygamy, equal access to divorce, inheritance, the concept of mahramiyya (consanguinity) and its implications for adoption. At the heart of these concerns are questions relating to if, how and to with what effect, does the fiqhī conception of family law impact societal and family relations when implemented, both at a personal level within a secular society, and at a statutory level within the Muslim world.

Some of the scholars and specialists who presented their findings at the workshop were; Professor Ayatullah Mohaghegh Damad, Syed Jaafar Fadlallah, Dr Ziba Mir Hosseini, Professor Liyakat Takim, Dr Lena Larsen, Ms Aina Khan, Shaykh Arif Abdulhussain and many more. The workshop also benefited by the attendance of Research Specialists from various Educational Institutes from around the UK, students of the Al-Mahdi Institute and other Institutions alike, AMI Faculty and interested members of the public.

The participants who presented their findings at the workshop were;