Family Laws
Family Law
Family law is an area of law that deals with family related issues and domestic relations including – the nature of marriage, domestic partnerships, spousal abuse, adoption, child custody, surrogacy, divorce, property rights, alimony and others. In the past, family law was largely concentrated around issues of marriage, divorce, property rights and succession. In certain societies such as India, the modern family law continues to be subjected to customary law – the customs, conventions, and practices that are part of the social fabric. Analysis of customary laws across cultures will bring forth the fact that it is women who were/are most affected by customary family laws. Below a discussion of the customary family laws as followed by Islam, Hinduism and Christianity (Roman and English Law) is taken up.
Customary Family Laws in India
Women’s status within family and law, their rights to property and other rights varied significantly, depending upon the three phases of their lives – maidenhood, coverture and widowhood. While at every stage of their life women were confined within an inferior status, the worst was coverture. Under the Roman (continental) and English (common law1) legal systems, during coverture women were placed under the tutelage or guardianship of their husbands and deprived of all control over property. Since divorce was not recognized, only widowhood could end a period of coverture (Agnes 2000, 107-108).
Of the three ancient legal system – the Islamic, the Hindu and the Roman – the Islamic system appears the most progressive, followed by the Hindu system, with the Roman system exercising the most stringent control of all, over women and their property (Agnes 2000, 108).
Islamic Law
Islam was the first legal system to release women from the concept of coverture and recognized women’s right to property during marriage. Right from its inception in the seventh century, Islam redeemed marriage from the trappings of sacramental
Family law is an area of law that deals with family related issues and domestic relations including – the nature of marriage, domestic partnerships, spousal abuse, adoption, child custody, surrogacy, divorce, property rights, alimony and others. In the past, family law was largely concentrated around issues of marriage, divorce, property rights and succession. In certain societies such as India, the modern family law continues to be subjected to customary law – the customs, conventions, and practices that are part of the social fabric. Analysis of customary laws across cultures will bring forth the fact that it is women who were/are most affected by customary family laws. Below a discussion of the customary family laws as followed by Islam, Hinduism and Christianity (Roman and English Law) is taken up.
Customary Family Laws in India
Women’s status within family and law, their rights to property and other rights varied significantly, depending upon the three phases of their lives – maidenhood, coverture and widowhood. While at every stage of their life women were confined within an inferior status, the worst was coverture. Under the Roman (continental) and English (common law1) legal systems, during coverture women were placed under the tutelage or guardianship of their husbands and deprived of all control over property. Since divorce was not recognized, only widowhood could end a period of coverture (Agnes 2000, 107-108).
Of the three ancient legal system – the Islamic, the Hindu and the Roman – the Islamic system appears the most progressive, followed by the Hindu system, with the Roman system exercising the most stringent control of all, over women and their property (Agnes 2000, 108).
Islamic Law
Islam was the first legal system to release women from the concept of coverture and recognized women’s right to property during marriage. Right from its inception in the seventh century, Islam redeemed marriage from the trappings of sacramental