Intimate Jurisprudence: Islamic Family Law Between Global Human Rights and French Republican Values

Abstract

This article explores the intricate dynamics of Islamic family law within the framework of global human rights and French republican values, focusing on the intersection of secularism (laïcité ) and the preservation of religious identity in the Muslim community. Using a qualitative approach, this study analyzes the challenges, adaptations, and conflicts faced by Islamic family law in a secular legal system, with a particular emphasis on gender equality. The findings reveal that Islamic family law in France operates within a complex environment that requires pragmatic solutions. These include informal marriage contracts, community-based mediation, and localized fatwas, which allow Muslim communities to maintain religious practices while navigating the constraints of French secularism. However, these adaptations are not without limitations, as they often place vulnerable groups, particularly women, in precarious positions due to insufficient legal protection and patriarchal interpretations of religious norms. The study further examines the tension between global human rights principles and Islamic family law, particularly in areas such as divorce and inheritance, where gender equality is contested. Despite these challenges, the research highlights the progressive potential within Muslim communities to reform and reinterpret Islamic principles in ways that align with both religious identity and universal justice. This article concludes that Islamic family law in France represents a crucial intersection between tradition and modernity, religion and state. Achieving harmony requires inclusive policies and a deeper cross-cultural dialogue that respects both religious diversity and universal human rights. Such an approach could pave the way for a more pluralistic legal framework that bridges the gap between secularism and Islamic jurisprudence.