Sharià Law

The term Sharià is usually translated as “Islamic law.” However, it encompasses a broad range of issues, from daily worship practice to humanity's relationship with the divine to family and criminal law. Sharià is drawn from several sources. The Qur'an is the primary legal source, and the Sunnah, the example set by the prophet Muhammad, is secondary. There is also a centuries-long tradition of Islamic legal interpretation and scholarship. Today, many Muslim women live in countries that make provisions for Islamic law or Islamic courts within the legal system. In most cases, states that provide for Islamic law in some capacity do so only for family-law matters for Muslims. In recent decades, many states have enacted reforms to address gender inequities in the law.

In countries where Islamic courts handle disputes among Muslims, women often bring the majority of cases forward. Usually, these claims involve family matters like marital disputes and divorce claims. Many types of divorce are permitted in Islamic law. Divorce by male unilateral repudiation, which in classical law does not need the approval of the wife or a legal authority, is well known, but women may seek divorce in court on various grounds, which differ according to legal school. Ethnographic research in places like Kenya, Zanzibar, and Yemen shows that women are often successful in winning their claims in court.

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