Discrimination of women in Islamic Family Law and public order

  • Alejandro Nieto Cruz
Keywords: Islamic Law, public order, Islamic marriage, polygamy, repudiation

Abstract

The present paper focuses on the analysis of the possible collisions between the Spanish public order and the main institutions of the Islamic Family Law. It will not be possible to integrate those institutions which are against essential values of Spanish law such as gender equality or monogamy. However, it would be possible to recognize some “collateral effects” to these institutions if they resulted beneficial for women, through the application of the attenuated public order. The main purpose would be women’s protection, as they are the weakest party of the marriage relationship.

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Published
2020-03-05
How to Cite
Nieto Cruz, A. (2020). Discrimination of women in Islamic Family Law and public order. CUADERNOS DE DERECHO TRANSNACIONAL, 12(1), 286-318. https://doi.org/10.20318/cdt.2020.5190
Section
Estudios