Maternal and paternal affiliation in Islamic Law. Substantive law and reforms of current legal systems

Abstract

The legal proceedings for separation and divorce among people who have entered into mixed marriages with Muslims, as well as actions concerning affiliation and other arrangements in the case of marriages between Muslims, require knowledge of principles which in European Law are covered by Family Law. The determining of affiliation of children born inside and outside these marriages raises a number of issues for the Spanish judicial system, in view of the plurality of Islamic Law. This paper examines the presumption of paternity, its recognition (iqrar) and the rights and inherent duties of parents (hadana and nafaqa), which are subject to revision in accordance with current demands and legal requirements.

Keywords

• filiación islámica
• derecho islámico
• presunción de paternidad
• reconocimiento de paternidad
• iqrar
• manutención (hadana y nafaqa)