Strani pravni život (Jan 2023)
Comparative legal review of marriage in Sharia law and positive family law of the Republic of Serbia
Abstract
Comparative legal analysis of natural and positive law has provoked various disagreements and discussions on the topic from the earliest periods of history. Proponents of natural law believed that such a comparison could not be made because natural law is true, irreplaceable and comes from God, while positive law has been regulated by man, following the example of all other rights that exist on earth. Positive law defines marriage as a community of life governed by legal norms, which is an expression of the undoubted interest of society to make marriage a legal institution, and the Qur'an, as a main source of Sharia law, categorizes the institution of marriage on a very precise system based on the strongest and safest principles that guarantee happiness to spouses, peace and morality to communities and society. The aim of the research is to present the understandings of natural-legal and positive-legal theory of law through a comparative analysis of the institute of marriage in Sharia law and law of the Republic of Serbia where the focus on this and similar issues should not be the "compatibility" of Sharia with "universal human rights norms" or vice versa, the focus should be on explanation and approaching of norms in order to make it easier to overcome, understand and accept differences.
