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All Journal MULTIPLE: Journal of Global and Multidisciplinary Jurnal Pengabdian Masyarakat dan Riset Pendidikan
Fauzi Dahrial
Unknown Affiliation
Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Mathematics Social Sciences Other

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Reforming Islamic Family Law in Iraq: A Study of Marriage, Child Marriage, and Inheritance Maulana, Ramza Fatria; Fauzi Dahrial
urn:multiple://2988-7828multiple.v3i54
Publisher : Institute of Educational, Research, and Community Service

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Abstract

Islamic family law represents one of the most dynamic areas of legal transformation within Muslim-majority countries, including Iraq, a nation characterized by deep social, historical, and sectarian complexity. This study aims to analyze the dynamics of Islamic family law in Iraq, focusing on marriage, child marriage, and inheritance within the framework of Personal Status Law No. 188 of 1959. A qualitative method was employed using a normative-juridical and historical-sociological approach, based on literature reviews of statutory laws, fiqh texts, academic journals, and international reports, analyzed through descriptive-qualitative techniques. The findings indicate that Iraq adopts an eclectic legal approach, combining principles from both Sunni and Shia jurisprudence to establish a more inclusive family law system. However, legal loopholes in the regulation of minimum marriage age, gender-based discrimination in inheritance, and discrepancies between statutory norms and social practices remain significant challenges. In conclusion, the dynamics of Islamic family law in Iraq reflect an ongoing negotiation between classical fiqh traditions, national legal reforms, and evolving international human rights standards
Hukum Perkawinan Islam di Bawah Tekanan Modernitas: Studi Historis dan Yuridis Atas Reformasi di Mesir, Turki, Pakistan, dan Irak: Penelitian Fauzi Dahrial; Elimartati; Ramza Fatria Maulana
Jurnal Pengabdian Masyarakat dan Riset Pendidikan Vol. 3 No. 4 (2025): Jurnal Pengabdian Masyarakat dan Riset Pendidikan Volume 3 Nomor 4 (April 2025
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/jerkin.v3i4.1093

Abstract

This study aims to analyze the dynamics of Islamic family law reform in four Muslim countries: Egypt, Turkey, Pakistan, and Iraq with a historical and juridical approach. Islamic family law has a unique epistemological position because it is seen as part of a permanent and transcendent divine law. However, in practice, this law has undergone a significant reform process, especially under the pressure of modernity, secularization, and demands for social justice and gender equality. This study uses a qualitative method through library research with a descriptive-analytical and comparative approach, and utilizes primary and secondary legal sources from the four countries. The results of the study show that Egypt carried out family law reform through cross-school codification and the maqashid al-shariah approach, Turkey carried out full secularization by adopting the Swiss Civil Code, Pakistan implemented reform through the Muslim Family Laws Ordinance 1961 with procedural strengthening of women's rights, while Iraq displayed a pluralistic approach that combined elements of the Sunni and Shia schools of thought in the Personal Status Law of 1959. Although each country has a different model and context, all of them show a tendency to adapt fiqh law to contemporary social needs.
Co-Authors Elimartati Elimartati Maulana, Ramza Fatria