A survey conducted by the Muslims for Secular Democracy (MSD) on Family (Personal) Laws and Population Control policies in Muslim-majority countries.
A survey conducted by the Muslims for Secular Democracy (MSD) on Family (Personal) Laws and Population Control policies in Muslim-majority countries.
PERSONAL LAWS
In many Muslim countries, including those which call themselves Islamic states, family laws have been revised in respect of minimum age of marriage, polygamy, divorce, maintenanceetc.
Algeria:
Schools of Fiqh: The Maliki school is the predominant madhhab in Algeria. There is an Ibadi minority.
Constitutional Status of Islam(ic Law): The current Constitution was adopted on 19th November 1976 and has been amended several times, with the last revisions approved by referendum in November and signed into law in December 1996. Article 2 of the Constitution provides that Islam is the religion of the State.
Family laws:
Bangladesh:
Schools of Fiqh: The Hanafi school is the predominant madhhab in Bangladesh.
Constitutional Status of Islam(ic Law): The Constitution was adopted on 4 November 1972. An amendment to the Constitution under President Ziaur Rahman in 1977 removed the principle of secularism that had been enshrined in Part II: Fundamental State Policy, replacing it with "absolute trust and faith in Almighty Allah." The Eighth Amendment of 1988 inserted Article 2A, affirming that "[t]he state religion of the Republic is Islam, but other religions may be practised in peace and harmony in the republic." Some women’s groups challenged this move on the grounds that it risked
exposing women to discriminatory laws.
Family laws:
Egypt:
Schools of Fiqh: The Hanafi school is the predominant school of fiqh. Earlier on, Egypt was the home of the Shafi’i school and under the Fatimids, the ruling classes were Isma’ili.
Constitutional Status of Islam(ic Law): Article 2 of the Constitution that was adopted on 11 September 1971 and amended by referendum in May 1980 reads in full: "Islam is the religion of the State and Arabic its official language. Islamic jurisprudence is the principal source of legislation."
Family laws:
India:
Schools of Fiqh: The predominant madhhab is the Hanafi, with sizeable Shafi’i, Ja’fari and Isma’ili minorities. India’s minority religious communities also include Sikhs, Jains, Buddhists, Christians and Jews.
Constitutional Status of Islam(ic Law): The Indian Constitution was adopted on 26th November 1949 and has been amended many times. The preamble of the Constitution affirms that India is a "sovereign socialist secular democratic republic".
Family laws:
Indonesia:
Schools of Fiqh: The majority of the population is Shafi’i Muslim. There are also Ahmadi minorities. The other recognised religious minorities are Roman Catholic, Protestant, Hindu and Buddhist. There are also significant minorities following tribal religions; they are not afforded any officialrecognition.
Constitutional Status of Islam(ic Law): The Constitution was promulgated in August 1945. It does not adopt any official religion, but Article 29(1) provides that "the State is based upon the belief in the One, Supreme God", also embodied in the Pancasila. Article 29(2) guarantees freedom ofreligion.
Family laws:
Iran:
Schools of Fiqh: The Ja’fari school is the predominant madhhab in Iran. There are also Hanafi Muslim minorities, as well as Zoroastrian, Baha’i, Christian and Jewish minorities. The officially recognised religions are Sunni Islam, Zoroastrianism, Judaism, and various Christian denominations. Under a 1933 law relating to the rights of non-Shi’i Iranians, courts are to apply the personal status laws applicable to the litigants belonging to officially recognised religions.
Constitutional Status of Islam(ic Law): The current Constitution was adopted on 2nd-3rd December 1979, with significant revisions expanding presidential powers and eliminating the prime ministership in 1989. Article 4 provides that all civil, penal, financial, economic, administrative, cultural, military, political, and any other laws must be based on Islamic criteria. Article 12 provides that the official state religion is Islam and the twelver Ja’fari school; other schools of law are to be accorded full respect and freedom of religious practice, including matters of personal status.
Family laws:
Iraq:
Schools of Fiqh: The Ja’fari and Hanafi are the predominant schools in Iraq. There are also Christian and small Jewish and Yezidi minorities.
Constitutional Status of Islam(ic Law): The provisional constitution was adopted on 22nd September 1968 and came into effect from 16th July 1970. Article 4 of the current provisional constitution declares Islam the state religion. (A new constitution was drafted in 1990 but was not adopted.)
Family Laws:
Pakistan:
Schools of Fiqh: The predominant madhhab is the Hanafi, and there are sizeable Ja’fari and Isma’ili minorities. In 1974, then-Prime Minister Zulfiqar Ali Bhutto finally conceded to a long-standing campaign waged by conservative religious elements agitating for the official designation ofAhmadis as non-Muslims.
Constitutional Status of Islam(ic Law): The third Constitution was adopted on 10th April 1973, suspended in 1977, and re-instituted in 1985; it has undergone numerous amendments over time. It was suspended again in 1999 and remained suspended at the time of writing. Article 1 of the Constitution declares that Pakistan shall be known as "the Islamic Republic of Pakistan" and Article 2 declares Islam the state religion. In 1985, the Objectives Resolution contained in the preamble of
the Constitution was made a substantive provision by the insertion of Article 2A, thereby requiring all laws to be brought into consonance with the Qur’an and sunnah.
Family laws:
Libya:
Schools of Fiqh: The Maliki school is the predominant madhhab in Libya. Libya also has a small Christian minority.
Constitutional Status of Islam(ic Law): A Constitutional Proclamation was issued on 11th December 1969 and amended on 2nd March 1977. Article 2 declares Islam the official state religion. The state also protects religious freedoms "in accordance with established customs"… Article 2 of The Declaration on the Establishment of the Authority of the People issued in March 1977 provides that "[t]he Holy Qur’an is the Constitution of the Socialist People’s Libyan Arab Jamahiriya".
Family Laws:
Malaysia:
Schools of Fiqh: The majority of Muslims are Shafi’i, with Hanafi minorities.
Constitutional Status of Islam(ic Law): The Constitution was adopted on 31st August 1957 and has been amended several times. Article 3(1) declares Islam the official state religion as well as guarantees religious freedom. Articles 3(3) and (5) provide that the Ruler of each State is the head of the religion of Islam by the Constitution of that State. In the absence of a Muslim ruler (in the States of Malacca, Penang, Sabah and Sarawak) or in the Federal Territories (Kuala Lumpur and Labuan) Yangdi-Pertuan Agong (Head of State) is declared the head of the religion of Islam.
Family laws:
(Source: Information compiled & extracts from Bar CouncilMalaysia).
Syria:
Schools of Fiqh: The Hanafi school is the predominant madhhab in Syria, and there are Ja’fari, Druze, Isma’ili and ‘Alawi minorities.
Constitutional Status of Islam(ic Law): The Constitution was adopted on 13th March 1973. Article 3(1) declares that the religion of the President of the Republic shall be Islam. Article 3(2) declares Islamic jurisprudence a main source of legislation.
Family Laws:
Tunisia:
Schools of Fiqh: The Maliki school is the predominant madhhab in Tunisia.
Constitutional Status of Islam(ic Law): The Constitution was adopted 1 June 1959. Article 1 declares Islam the state religion, and Article 38 provides that the President of the Republic must be a Muslim.
Family laws:
It is evident from the above examples that in most Muslim majority countries, including those that claim to be run on Islamic principles, instant divorce is prohibited. Similarly, polygamy is either prohibited or is permissible under specific circumstances and only after permission has been obtained from the courts and the existing wife. Therefore, there is absolutely no justification for these practices to be permitted in India: they must be prohibited. (Our objection is not to the concept of talaaq
divorce, per se, but to the practice among some Muslim sects in India of instant divorce).
In short, it is simply not true that what goes in the name of ‘Muslim Personal Law’ in India are God-given laws that are immutable and all Muslims are obliged to follow them.
POPULATION CONTROL:
Family planning or population control is an important element of state policy in many Muslim countries. In fact, in international circles, Iran and Indonesia are often cited as being the best examples of birth control campaigns in the developing world.
Iran:
Here is what a UNESCO document says about population control programme in Iran:
“Following the ceasefire with Iraq in 1988, the Ministry of Health and Medical Education initiated in bringing the problem of unprecedented rapid population growth to the attention of the leader of the Islamic Revolution, the late Imam Khomeini. The Imam's blessing sparked discussions on population and family planning and led to organising a seminar in Mashad in 1988. A principal conclusion of this seminar was the need for a multidimensional policy for population control.
“Despite the emphasis of Islam on the values of family formation and procreation, most of Islam's religious leaders have accepted in principle the right of couples to limit or space their pregnancies using the barrier methods or withdrawal provided both partners consent to the practice.
“Since the reactivation of the national family planning programme in 1989, the Ministry has been able to secure written proclamations (fatwa) from the incumbent supreme spiritual leader and several other prominent Ayatollahs regarding specific methods such as vasectomy, tubectomy, condoms, pills, IUD and withdrawal.
“Today, there is no major legal or religious obstacle to the promotion and delivery of family planning methods and services except abortion, which is not recognised as a proper means for birth control. However, abortion can be resorted to at the recommendation of a qualified physician once themother's life is at stake”.
Under the headline, Iran: Population Control - The Kindest Cut, the films distribution company, Chip TaylorCommunications publicises a 15 minute documentary produced by the Australian ABC in 2000 as follows:
“When the fundamentalist Mullahs seized power in Iran back in 1979 they urged the country to pro-create. They wanted lots of young revolutionaries, and they wanted them now. Now Iran has a massive population problem. From 34 million in 1979 to 73 million today, over 60% are under 25. Now the Mullahs, in a remarkable display of political pragmatism, have made a complete turn by instituting one of the world's most enlightened population control programs.
“Vasectomies are encouraged and condoms are distributed free. Even sex education classes of surprising candor are now compulsory for all couples about to get married. This program investigates a surprising development in deeply religious Iran, providing a fascinating look at the contrastbetween secular and traditional Iran. Produced by ABC Australia. 2002 SCA 15 min.”
Egypt:
As early as 1959, government economists expressed concern about the negative impact of high population growth rates on the country's development efforts. In 1966, the government initiated a nationwide birth control program aimed at reducing the annual population growth rate to 2.5 percent or less. Since then state-run family planning clinics have distributed birth control information and contraceptives. These programs were somewhat successful in reducing the population growth rate, but in 1973 the rate began to increase again. Population control policies tended to be ineffective because most Egyptians, especially in rural areas, valued large families.
Pakistan:
The following news item is a good illustration of Pakistan’s stance on the subject:
Pakistan Gives In To UN Population Control
ISLAMABAD, Nov. 30, 00 (CWNews.com/LSN.ca) - The Pakistan government has promised to make population control a "national priority" as it thanked the United Nations Population Fund (UNFPA) for a $35 million funding agreement…
The Pakistan English paper Dawn reports that Population Welfare Minister Attiya Inayatullah in announcing the UNFPA agreement said Pakistan has attained a fertility reduction, and that the maintenance of the population control measure is a national priority.
Pakistan's Business Recorder reported August 8 that the UNFPA met with Pakistani Health Minister Dr. Abdul Malik Kasi and conditionally offered $250 million in assistance for reproductive health projects. A Health Ministry spokesman said, "The UN official contended that if the children are imparted awareness of small families from an early age, it will help control population growth…"
The Pakistani Muslim culture, with its traditionally high regard for children and family, is certain to undergo major change as a result of its new cooperation with the UN depopulation agenda.
Indonesia:
The importance Indonesia attaches to family planning is obvious from the fact that ten years ago they enacted a special legislation on the subject: “Law on Population Development and Prosperous Family of 1992”. The preamble to this law read:
Considering: a. whereas, the national development involves all dimensions and aspects of life, including the development of quantity and quality of the people and quality of the families to achieve prosperity, welfare, and happiness for the society.
b. whereas, a large and inappropriate population, and imbalanced with an environment ability to support and accommodate, could influence all segments of life of the society.
c. whereas, in view of the above points, quantity of the people, quality of the people and quality of the families as well as controlled mobility, developed and directed to form a robust source of human resource for national development and resilience.
d. whereas, in the effort to control quantity of the people, the development of quality of the people and quality of the families as well as the directing of the mobility of the people as mentioned above, it is
considered necessary to fix the population development and family prosperity with a law.
With view to: Article 5 paragraph (1) and Article 20 paragraph (1) of the 1945 Constitution. With the consent from the Republic of Indonesia Parliament.