ABSTRACT

The question of the reform of Islamic Law is at once highly contemporary and very controversial. It is a sensitive issue in Muslim regions because many argue that the Shari‘a is immutable and not subject to change or reform. It is also a sensitive issue because the reformers themselves are often members of political or religious movements that are in opposition to various governments in power. Another sensitive point is that much of the criticism and call for reform has been inspired by certain Western, secularizing trends which have become unpopular in recent years. Western-based scholarship generally has applauded any move away from what is perceived as traditional Islam, and Tunisia's move to reconstruct family law more along Western lines and the Shah of Iran's personal law reform have been enthusiastically received. Likewise the return to ‘fundamentalist’ Islam in Iran has been lamented without due consideration being given to the political and cultural context within which this occurred. The very word ‘reform’ may be at issue and I use it here advisedly, preferring in certain instances to refer to change or internal developments in the law.