Divorce and Inheritance Rights of Muslim Minorities in Non-Muslim States: A Legal and Social Review

غیر مسلم ریاستوں میں مسلم اقلیتوں کے طلاق اور وراثت کے حقوق:ایک قانونی و سماجی جائزہ

Abstract

Muslim minorities residing in non-Muslim states face considerable legal and social challenges in matters of family law, particularly with regard to divorce and inheritance. Although Islamic law provides a comprehensive and well-developed framework for regulating these issues, secular legal systems in Europe and the United States often offer limited recognition to religious legal norms. This article critically examines the legal status of Muslim divorce and inheritance in non-Muslim states through the theoretical lenses of legal pluralism and religious freedom. Adopting a qualitative and comparative research approach, the study explores the tensions between secular legal frameworks and Islamic family law, highlighting the resulting social and legal implications for Muslim minority communities. Particular attention is given to the impact of these legal constraints on Muslim women, who frequently face heightened vulnerability due to overlapping legal, cultural, and social pressures. The findings reveal that inadequate accommodation of Islamic family law within secular legal systems contributes to legal uncertainty and insecurity among Muslim minorities. Such conditions often lead to difficulties in the recognition of marital status, enforcement of divorce settlements, and protection of inheritance rights. The article argues that these challenges can be mitigated through increased legal awareness within Muslim communities, proper civil documentation of marriages and wills, and the development of constructive dialogue between state authorities and religious minority representatives. Ultimately, the study emphasizes the need for balanced legal solutions that respect both the principles of secular law and the fundamental rights of religious minorities.