family laws

Comparative Study between Islamic Jurisprudence & Western Jurisprudence

  • According to Islamic jurisprudence, marriage is expected from all men and women. Homosexual practice is a capital crime. While, according to western jurisprudence, marriage is a personal choice. Homosexual relations are freely allowed in most of the western states.
  • In Shari’ah law, no minimum age of consent to marriage for girls exists. While in English law, marriage to a girl under the age of 16, if consummated, amounts to rape. Such a marriage will also be void.
  • Polygamy is expected, men may marry up to 4 free women in Islam. While laws of most western countries do not recognize polygamous marriages and consider bigamy a crime. Several countries also prohibit people from living a polygamous lifestyle.
  • In Islamic law, the husband has the right to divorce his wife for any reason by simply pronouncing the divorce three times, whereas the wife must apply to the court for a divorce. While in English jurisprudence, a husband or a wife can divorce each other only on specified grounds of a serious nature.
  • In marriages in Islam, dower rules vary and on divorce, its recipient depends on whether the marriage was dissolved prior to consummation, after it, prior to the birth of children or afterwards and so on. There is no such thing as a dower in English Law.

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Fatima Tariq Written by:

Fatima Tariq, a law student at Kinnaird College for Women and a political science student at the University of Punjab. Research fellow at Insaaf Camp. Follow me at