ISLAMIC FAMILY LAW

DISCLAIMER: THE INFORMATION IN THIS CIRCULAR RELATING TO THELEGAL REQUIREMENTS OF SPECIFIC FOREIGN COUNTRIES IS PROVIDED FORGENERAL INFORMATION ONLY. QUESTIONS INVOLVING INTERPRETATION OFSPECIFIC FOREIGN LAWS SHOULD BE ADDRESSED TO FOREIGN COUNSEL.

NOTE:

The information contained in this flyer is intended as anintroduction to the basic elements of Islamic family law. It is not intended as a legal reference.

It is designed to make clear the basic rights and restrictionsresulting from marriages sanctioned by Islamic law between Muslimand non-Muslim partners. For Americans, the most troubling ofthese restrictions have been:

-- the inability of wives to leave an Islamic country withoutpermission of their husbands;-- the wives'' inability to take their children from thesecountries without such permission; and-- the fact that fathers have ultimate custody of children.

MARRIAGEIn Islam, the act of marriage occurs with the conclusion of themarriage contract. The marriage contract itself is completed byan offer and acceptance, both of which must be made on the sameoccasion by two qualified parties. If a marriage has beencontracted by competent persons in the presence of two witnessesand has been adequately publicized, it is complete and binding. It requires no religious or other rites and ceremonies because inIslamic law formalities have no value insofar as contracts areconcerned. Such marriages are conducted only if both parties arewilling. MIXED MARRIAGESWith few exceptions, a Christian or Jew who marries a Muslim andresides in an Islamic country will be subject to provisions ofIslamic family law in that country. In these circumstances:

-- Any children born to the wife will be considered Muslim.They will usually also be considered citizens of thefather''s country.

-- The husband''s permission is always needed for the childrento leave an Islamic country despite the fact that thechildren will also have, for example, Americancitizenship. Foreign immigration authorities can beexpected to enforce these regulations. The ability ofU.S. consular officers to aid an American woman who wishesto leave the country with her children is very limited.

-- The wife may be divorced by her husband at any time withlittle difficulty and without a court hearing.

-- At a certain point in age, the children will come under thecustody of the father or his family.

-- In Islamic countries, the wife will need the permission ofher husband to leave the country.

CHILDREN''S RIGHTSThere are three types of guardianship which are fixed for a childfrom the time of its birth;

-- The first is guardianship of upbringing, which is overseenby women during the age of dependence. The age at whichthis period of dependence terminates varies: anywherefrom 7 years for a son and 9 for a daughter to 9 and 11,respectively. In the case of divorced parents, it ispermissible for a daughter to remain with her mother ifthe parents agree. But such an agreement cannot be madefor a son.

-- The second is the child''s spiritual guardianship. Thespiritual guardian may be the father or a fullblooded malerelative of the father.

-- The third is guardianship over the child''s property whichusually is carried out by the father.

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