Family Law Reform Resources

The Guide to Equality in the Family in the Maghreb has made a significant impact since its October 2005 release. The guide addresses family law, which governs every aspect of a woman's life from minimum age and condition of marriage to divorce, child custody, and the right to work, travel or decide on a place of residence. It is currently being used by Malaysian NGOs in their work on legislative reform.

English Edition (2005) (207 pages) 0-9770990-1-6 $24.95
Translated by: Chari Voss
Edited by: Ahmad Kazemi Moussavi

Order | Download (PDF 1.9 MB)

(translation by GlobalRights (PDF), and available as a web page here)

(...)"In our sovereign instructions and guidance to the Commission, and while giving our views on the Family Code bill, we adopted the following fundamental reforms:

One: Adopt a modern form of wording and remove degrading and debasing terms for women.

Place the family under the joint responsibility of both spouses, given that 'women are men's sisters before the law' in keeping with the words of my ancestor the Chosen Prophet Sidna Mohammed, Peace Be Upon Him, as reported, 'Only an honourable person dignifies women, and only a villainous one degrades them.'

Two: Entitle the woman who has come of age to tutelage as a right, and she may exercise it according to her choice and interests, on the basis of an interpretation of a holy verse stipulating that a woman cannot be compelled to marry against her will: "…place not difficulties in the way of their marrying their husbands, if it is agreed between them in kindness.' A woman may of her own free will delegate tutelage to her father or a male relative.

(from International Constitutional Law)

(...) Article 5 [Family]

• a. The family is the basis of society, deriving its strength from religion, morality and love of the homeland. The law preserves its lawful entity, strengthens its bonds and values, under its aegis extends protection to mothers and children, tends the young and protects them from exploitation and safeguards them against moral, bodily and spiritual neglect. The State cares in particular for the physical, moral and intellectual development of the young.
• b. The State guarantees reconciling the duties of women towards the family with their work in society, and their equality with men in political, social, cultural, and economic spheres without breaching the provisions of Islamic canon law (Shari'a).
• c. The State guarantees the requisite social security for its citizens in old age, sickness, disability, orphanhood, widowhood or unemployment, and also provides them with social insurance and healthcare services. It strives to safeguard them against ignorance, fear and poverty.
• d. Inheritance is a guaranteed right governed by the Islamic Shari'a.

more

(from International Constitutional Law)

(...)Article 22 [Equality]

• (1) Any kind of discrimination and privilege between the citizens of Afghanistan are prohibited.
• (2) The citizens of Afghanistan -- whether man or woman -- have equal rights and duties before the law.

Article 54 [Family]

• (1) Family is a fundamental unit of society and is supported by the state.
• (2) The state adopts necessary measures to ensure physical and psychological well being of family, especially of child and mother, upbringing of children and the elimination of traditions contrary to the principles of sacred religion of Islam.

more

(from Corpus Juris Philippines Law Library)

Article 1. Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code. (52a)

Art. 2. No marriage shall be valid, unless these essential requisites are present:

• (1) Legal capacity of the contracting parties who must be a male and a female; and
• (2) Consent freely given in the presence of the solemnizing officer. (53a)

more

(from the Attorney General's Chambers of Malaysia)

(...) “domestic violence” means the commission of any of the following acts:

• (a) wilfully or knowingly placing, or attempting to place, the victim in fear of physical injury;
• (b) causing physical injury to the victim by such act which is known or ought to have been known would result in physical injury;
• (c) compelling the victim by force or threat to engage in any conduct or act, sexual or otherwise, from which the victim has a right to abstain;
• (d) confining or detaining the victim against the victim’s will; or
• (e) causing mischief or destruction or damage to property with intent to cause or knowing that it is likely to cause distress or annoyance to the victim,

• (i) his or her spouse;
• (ii) his or her former spouse;
• (iii) a child;
• (iv) an incapacitated adult; or
• (v) any other member of the family;

more

(from the Parliament of Fiji Islands)

DIVISION 2: PARENTAL RESPONSIBILITY

Meaning of parental responsibility
48. In this part, parental responsibility, in relation to a child, means all the duties, powers, responsibilities and authority which, by law, parents have in relation to children.

Each parent has parental responsibility
49. (1) Each of the parents of a child who is under 18 has parental responsibility for the child.

more, 2003 and 2005 amendments

(from Kenya Law Orders)

Jurisdiction
5. A Kadhi's court shall have and exercise the following jurisdiction, namely the determination of questions of Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion; but nothing in this section shall limit the jurisdiction of the High Court or of any subordinate court in any proceeding which comes before it.

Evidence
6.The law and rules of evidence to be applied in a Kadhi's court shall be those applicable under Muslim law:
Provided that -

• (i) all witnesses called shall be heard without discrimination on grounds of religion, sex or otherwise;
• (ii) each issue of fact shall be decided upon an assessment of the credibility of all the evidence before the court and not upon the number of witnesses who have given evidence;
• (iii) no finding, decree or order of the court shall be reversed or altered on appeal or revision on account of the application of the law or rules of evidence applicable in the High Court, unless such application has in fact occasioned a failure of justice.

more

(from Turkey's Ministry of Justice)

Clause 1: If a spouse or child or another member of the family living under the same roof is subject to abuse, and notification is made either by the victim or by the Public Prosecutor, in addition to the provisions of the Turkish Civil Code, taking into consideration the specific circumstances, a Justice of the Peace can pass one or more of the following rulings or take any other measures that are deemed appropriate.

The accused spouse can be ordered:

• Not to use violence or threatening behavior against the other spouse or children (or another member of the family living under the same roof);
• To leave the dwelling shared with the spouse or children if there are any and not to approach the dwelling occupied by the spouse and children or their place of work;
• Not to damage the property of the spouse or children (or of others living under the same roof);
• Not to cause distress to the spouse or children (or others living under the same roof) using, means of communication;
• To surrender a weapon or other similar instruments to the police;
• Not to arrive at the shared dwelling while under the influence of alcohol or other intoxicating substances nor use such substances in the shared dwelling.

more