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 JafariContinue reading “Family Law in Iran”
Category Archives: Family Law
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 PersonalContinue reading “Family Law in the UAE”
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 andContinue reading “Family Law in Morocco”
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 aContinue reading “Family Law Across the Middle East”
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 KurdistanContinue reading “Family Law in Iraq”
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 aContinue reading “Family Law in Egypt”
Family Law in Syria
The 1953 Syrian Law of Personal Status (SLPS) is a comprehensive Code that modifies and regulates many aspects of shari’a. Article 305 of SLPS directs that the residuary source of law is the most authoritative doctrine of Hanafi school of law of Sunni Islam. Family law for Muslims in Syria is administered by judges sittingContinue reading “Family Law in Syria”
Family Law in Lebanon
Article 9 of the 1926 Lebanese Constitution guarantees that the personal status and religious interests of the people are respected, whatever religious sect they belong to. Decree 60 L.R. (13 March 1936) of the French High Commissioner, who also exercised the duties of the legislative authority during the French mandate in Lebanon, granted the recognizedContinue reading “Family Law in Lebanon”
Family Law in Pakistan
Personal Status (i.e. Family and Inheritance) law in Pakistan is primarily governed by Islamic law for Muslims. However laws such as the The Guardian & Wards Act 1890; Dissolution of Muslim Marriages Act 1939; and the Muslim Family Laws Ordinance 1961 introduced some (primarily procedural) reforms and there are a number of other statutory provisionsContinue reading “Family Law in Pakistan”
Adoption and kafala in Islam
Islamic law does not recognise adoption as such in that it prohibits the legal fiction that a child becomes the child of the adoptive parents. There is a specific injunction in the Qur’an which states: …Nor has He made your adopted sons your (biological) sons. Such is (only) your (manner of) speech by your mouths. Continue reading “Adoption and kafala in Islam”
