Family and inheritance matters are dealt with by the Iranian personal status courts. As provided by Articles 12 and 13 of the constitution, distinct personal status regimes can apply to people from different religions (Zoroastrian, Jewish, and Christian) those and who follow different Islamic schools of law as well as the default dominant Shi’a Jafari school.
For Muslims, shari’a is applied to personal status matters but many parts of personal status law are codified – in particular in the Civil Code 1935 (as amended); the 1992 Amendment of Divorce Provisions Act; and the 2013 Family Protection Act. Marriage contracts can also be the source of legal rights – in particular for women. Article 45 of the Family Protection Act mandates judicial authorities to prioritise children’s best interests in their decisions.
Legal System of Iran
The Islamic Republic of Iran operates under a unique form of government – vilayet-e faqih (the guardianship of the jurist). It could be described as a theocratic constitutional democracy.
The 1979 Constitution (amended in 1989) provides for the separation of powers, within the context of the overall guardianship of the Supreme Leader; and the supervision of the Executive (headed by the President) and of the Parliament – by the Guardian Council and the Expediency Council.
The Iranian legal system is a blend of codified shari’a and civil law – adapted from the French model of a civil law system.
The doctrine of precedent (stare decisis) is not followed in the Middle Eastern legal tradition or in the civil law type codified systems such as the Iranian legal system. However, whilst not binding, decisions of superior courts can be cited in inferior courts and can be of persuasive value.
The cornerstones of the Iranian Legal System are the Civil Code (1928-1935) (as amended including in 1991 and 2002) (and which also deals with some aspects of family law); the Commercial Code (1932); the Civil Procedure Code (2000); the Islamic Penal Code (2013); and the Criminal Procedure Code (2015).
Legal Systems of Libya
Libya has been independent since 1951. It is not currently a fully functioning state. It has been in a state of civil war since 2011. Two governments have been competing for control of the state and parts of Libya are outside of either government’s control, with various Islamist, rebel, and tribal militias administering some cities and areas; variously supported by an array of foreign powers.
Transitional and competing governments have attempted to make new laws and repeal some old laws from the previous Ghaddafi era. It is not clear which of these new laws will be enforced in the future – and indeed given the lack of infrastructure, it is not even clear which laws have been properly passed and which laws have been repealed.
The Constitutional Declaration of 2011 was envisaged as an interim constitution. It has been amended on a number of occasions since it was first adopted.
There is a particular problem relating to laws passed by (at times overlapping) competing legislatures – the General National Congress between 2012 and 2016; and the House of Representatives since 2014. There are currently two competing constitutional judicial bodies in Libya – the Constitutional Chamber of the Libyan Supreme Court in Tripoli, and the Supreme Constitutional Court in Benghazi, which became operational in December 2025.
Family Law in the UAE
UAE laws are enacted on a federal and local emirate level. Family law in the UAE is on the whole dealt with in legislation made at a federal level but there are some local emirate elements. A new federal Non-Muslim Civil Personal Status Code came into force in 2023; and a new federal Muslim Personal Status Code came into force in April 2025.
The personal status courts are part of the courts of first instance and the judges of those courts determine the personal status (i.e. family and inheritance) matters of Muslims and non-Muslims. Each emirate’s personal status courts have jurisdiction concerning any child residing in that emirate.
Abu Dhabi has introduced a Civil Marriage Law for Non-Muslim Foreigners, No. 14 of 2021 (as amended by Law No. 15 of 2021). Abu Dhabi also has a specialised court for those that fall under that law.
The Civil Personal Status Code for Non-Muslims was introduced by Federal Law No. 41 of 2022 with effect from February 2023. An official translation is available at https://uaelegislation.gov.ae/en/legislations/1586/download. It is not a comprehensive Code but Cabinet Resolution No. (122) of 2023 (‘The Rules’) provided more detailed rules concerning its application. Some parts of the very new 2024 Personal Status Code (primarily concerning Muslims but also with some general provisions) also apply to non-Muslims.
The Civil Personal Status Code for Muslims was introduced by Federal Law No. 14 of 2024 with effect from 15 April 2025. This applies to Muslims (and some parts of it, in some cases, to non-Muslims); and it applies to Emiratis and non-Emiratis resident in the UAE. It replaced the previous 2005 Personal Status Code. An official translation is available at https://uaelegislation.gov.ae/en/legislations/2770. The most widely reported changes are that:
a. Under the law, the custody age has been extended to 18 for boys and girls. The previous default custody ages whereby mothers would be granted custody until their sons reached the age of 11, or their daughters reached the age of 13 are repealed.
b. The previous default position regarding non-Muslim mothers married or previously married to Muslim men allowing them only to retain custody of their children until the age of five is repealed.
c. The views of children who have attained 15 years of age will usually be determinative of custody (unless a court determines otherwise in their best interests).
d. The law on travel is to be clarified so that there is no longer any requirement to have the agreement of both parents for one parent to travel for up to 60 days with a child (subject to court authorisation). A court can set restrictions on this right.
It has also long been the case that non-UAE citizens involved in personal disputes could agree to choose to adhere to their native laws. A request to a UAE court can be made by the parties to apply another law instead of the UAE Personal Status Codes. This ‘other law’ could be either specific to a particular religious group (e.g. Jewish or Coptic Orthodox law) or it could be the national family law of the family involved (e.g. English law). The decision as to whether to apply the non-UAE law is for the UAE court. This mechanism is relatively infrequently used.
Legal System of the UAE
Although Article 7 of the UAE 1971 Federal constitution states that the shari’a is the principal source of UAE law, the UAE legal system is essentially a civil law system on the Egyptian/French model comprising the ordinary civil / commercial, labour, personal status (i.e. family and inheritance) and criminal courts. Laws are enacted on a federal and local emirate level. Federal laws can be found in Arabic and English at https://uaelegislation.gov.ae/en/. The courts in each emirate apply Federal Laws and also laws enacted by the Ruler of the emirate.
Abu Dhabi, Dubai, and Ras al-Khaimah have separate judicial frameworks in additional to the federal system.
The UAE is currently engaged in a massive and well-resourced wide-ranging campaign of law reform across all aspects of the legal system.
The language of the Courts is Arabic and all non-Arabic documents to be submitted to the courts must be translated.
The doctrine of precedent (stare decisis) is not followed in the Middle Eastern tradition or in the civil law codified systems such as the UAE legal system. However, whilst not binding, decisions of superior courts can be cited in inferior courts and can be of persuasive value and the decisions of the Federal Supreme Court are effectively treated as precedent setting . The Federal Supreme Court endeavours to publish its decisions – which are in Arabic.
Family Law in Morocco
The most important family law applicable to Muslims in Morocco is the 2004 Family Code (Mudawana)[1]. This Code is regarded (along with the Tunisian Code) as relatively reformist compared to other such family law systems within the region in that, for example, it set the minimum legal age of marriage at 18 for men and women, established joint responsibility for the family among men and women, limited the terms of polygamy and divorce, and granted women more rights in the negotiation of marriage contracts.[2] It is based on the principles of the Maliki school of law within Sunni Islam. An unofficial English translation is hosted on the website of the women’s Learning Partnership here. The preamble to the Code states that one of its fundamental reforms is to:
Protect children’s rights by inserting provisions of international conventions ratified by Morocco into the Mudawana. Children’s interests with respect to custody are also guaranteed by awarding custody to the mother, then to the father, then to the maternal grandmother. Should this prove impossible, the judge will entrust custody to the most qualified relative. Furthermore, the child under custody is guaranteed suitable accommodation, separate from the other financial maintenance obligations, and cases concerning maintenance obligations must be settled swiftly within a one-month time limit.
After the adoption of the Mudawana, a new system of family courts was also set up to deal with family law matters and a training program for family judges was put in place.[3]
Some analysis of the Mudawana by The Centre for Public Impact can be found here.
On 22 August 2002, Morocco ratified the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (‘the Child Protection Convention’). On 9 March 2010 Morocco acceded to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. Morocco ratified the Convention on the Rights of the Child (CRC) in 1993. It has one reservation against Article 14, which provides for freedom of religion.
[1]Sherifyan Dahir (Royal Edict) n° 1.04.22 issued on 12 Dou Al Hijja 1424 (February 3, 2004) To implement Law n° 70.03 as the Family Code
[2]Wuerth, Oriana (2005). “The Reform of the Moudawana: The Role of Women’s Civil Society Organizations in Changing the Personal Status Code of Morocco”. Hawwa 3 (3): 309–333
[3]Harrak, Fatima (2009) “The History and Significance of the New Moroccan Family Code” Institute for the Study of Islamic Thought in Africa (ISITA) Working Paper Series, No 9-002. March 2009
Legal System of Morocco
The Kingdom of Morocco operates a codified civil law system on the Egyptian/French model. The most recent Constitution was adopted in 2011 (Arabic & French, Bulletin Official; English, constituteproject.org translation).
Courts in Morocco are regulated by the Decree-Law of 15 July 1974 on the Organization of the Courts (as amended). Article 107 of the constitution states:
Article 107
The judicial power is independent of the legislative power and of the executive power.
The King is the guarantor of the independence of the judicial power.
The ultimate power of review lies with the Supreme Court, beneath which are:
- the Court of Cassation (formerly the Supreme Council)
- the appeal courts
- the courts of first instance (comprising the ordinary civil, labour, family and criminal courts)
- the commercial administrative and audit courts
- the standing tribunal of the Royal Armed Forces
- the administrative courts
- the neighbourhood courts (formerly community and district courts)
Laws are available in Arabic and (often) French on the Moroccan Ministry of Justice website https://justice.gov.ma/
Some useful information, hyperlinks and a bibliography can be found here.
Family Law Across the Middle East
There is no common family law system that applies from Morocco to Pakistan and from Turkey to Somalia (an area which I am describing as ‘The Middle East’ in a very loose use of that term). The family law system of each state is different – although some have influenced others. Islamic shari’a plays a part in the family law applied to Muslims in nearly all states – sometimes in essentially unvarnished form applied by judges who are religious scholars (as in Saudi Arabia) and sometimes as the inspiration for an essentially codified system administered within a branch of the civil court system by state educated judges with law degrees (as in Iraq).
In my blog posts about the family law of different states within the greater Middle East, I will try to identify the degree to which shari’a plays a part and the way in which that takes place. Even where Islamic law is applied directly, there is no single ‘Islamic law’ applied in every case and in every state or court. Within both Shi’a and Sunni Islam there are different schools of law, with many similarities but both different interpretations of the law and sometimes different ways of reasoning from basic principles to a final outcome.
Family law in Islam is best thought of as part of ‘Personal Status’ law, which also includes inheritance law – which is the part of Islamic law most clearly rooted in express verses of the Qur’an and which will be the subject of a separate blog post.
Many of those who live in the Middle East are not Muslims – and each state also provides for the resolution of disputes involving e.g. Christians. In some legal systems, the same provisions are applied to all – often provisions derived from shari’a principles. In some legal systems, a myriad of different personal status legal systems exist in parallel dealing with different sects – Lebanon being a prime example.
Family Law in Iraq
UPDATED in October 2026
The most important family law in Iraq is the Personal Status Code[1], Law No. 188 of 1959[2] which applies to all Muslims – Shi’a and Sunni save where parties to a marriage have agreed to the jurisdiction of the new 2025 (Shi’a) Jaafari Personal Status Code.
Family law in the Kurdistan Region of Iraq is based on the same 1959 Code but is subject to any Kurdish post 1991 amendments.
Article 41 of the Iraqi Constitution states:
“Iraqis are free in their commitment to their personal status according to their religions, sects, beliefs, or choices, and this shall be regulated by law.”
There have been (so far unsuccessful) attempts in Iraq to repeal the Personal Status Code to allow ‘unvarnished’ shari’a to apply to Muslim personal status disputes.
The 1959 Code has been most significantly amended by Laws No. 11/1963 adding Chapter 9 on Inheritance, and No. 21/1978 relating to Women’s Rights in Marriage and Divorce).
Iraq has signed the 1980 Hague Convention the Civil Aspects of International Child Abduction. A 26 March 2018 Letter of Exchange for Cooperation was signed by the senior UK judiciary and Iraqi Federal judiciary.
Family Law in Egypt
UPDATE October 2026: Egypt is considering a comprehensive new family law system for those of all faiths.
In general terms, Egyptian law is codified and (notwithstanding the reference to shari’ain Article 2 of the Constitution) based on the French-style civil law system. However, as is common across the Middle East, family law in Egypt is a ‘pluralistic legal regime’ in that adherents to different faiths have family disputes resolved according to the tenets of their faith. Under Law No 462 of 1955 these disputes have been dealt with in state-run personal status courts which are currently organised under Law No 10 of 2004. The 2004 reform introduced family courts in separate buildings and Family Dispute Settlement Offices at each family court which will attempt to mediate between the couple in contested family matters. A party cannot file an action concerning a personal status matter without first submitting a request for family dispute settlement and judges will not hear cases unless social workers and psychiatrists attempt and fail to achieve a mediated agreement.[1]
Family disputes involving Muslims in Egypt are dealt with according to shari’awith some modifications and clarifications contained in Law No 25 of 1920 and Law No 25 of 1929, both as amended by Law No 100 of 1985 and supplemented by Law No 1 of 2000 and Law No. 4 of 2005 [2]. Article 65 of Law No 1 of 2000 states that the rulings and decisions issued for handing over a young child or contact with the child or maintenance shall be enforceable by the force of law – this applies to children of all faiths.
Family disputes involving Copts in Egypt [3] are dealt with according to the Code of Personal Affairs for Copts.The personal status judges applying this Code are however state appointed judges who are not necessarily Copts.
[1] HRW, Divorced from Justice,December 2004, pp. 52-54
[2] raising the age of custody – sometimes referred to as ‘Suzanne’s Law’ as it was championed by Suzanne Mubarak, wife of the former president
[3] Khalil J, ‘A brief history of Coptic personal status law’ Berkley Journal of Middle Eastern and Islamic Law (2010)
