Introduction

Abstract

This article focuses on adjudication of Muslim family law in countries that range from the Middle East and North Africa to South-East Asia. It begins by shortly summarizing the development of shari‘a in pre-modern times, up until the 19th century. We discuss the basic features of marriage among classical jurists and argue that the close connection known today between the family and Islamic law can be traced to the emergence of modern nation states and centralizing state structures. We then provide a description of important personal status reforms during the 20th and 21st centuries and consider the growing body of scholarship that engages with adjudication of Muslim family law in action and in context. Finally, we consider the contribution that the articles contained in the special double issue make to the field of research, including the questions of gender and judicial authority, religion-based judicial activism, and the courts’ involvement in larger socio-political processes.

With the Best of Intentions

“…By strengthening the nuclear family ('usra) over extended kin relations (aʿila), the codes facilitated social engineering projects by decreasing the powers of the senior men of extended families. This reflected the intrinsic competition in loyalty between the extended kin and the nation-state (see Charrad 2001;Dahlgren and Lindbekk 2020;and Hasso 2010).…”