A Comparative of Family law development in a Colonized and a Non – Colonized State

Archita Mahlawat
O.P Jindal Global University, Sonepat, Haryana, India

Volume I, Issue III, 2018

The paper will be discussing whether colonization has any effect in family law development of a colonized country like Malaysia as compared to a non-colonized country like Iran. These two countries have a common factor of Islamic law having dominance in personal law sphere. It will showcase how the development of Iran had a different kind of revolution while Malaysia is still in a colonization hangover and is finding its own identity along with external and internal factors shaping its institutions. The main argument is that colonialism introduced a secular feature to colonized Malaysia whereas Iran underwent absolute Islamisation of country’s institutions. Colonialism was instrumental in institutionalizing laws and creating structures and courts but such creation can also be observed in Iran. It can be said that western influence was too strong a wave for any country to remain unaffected from as shadows of this influence can similarly be seen in Iran. Even though Islamic Ideology is commendable can it be that this can be seen as a polarized position with no space for diverse views as blindly following one ideology has its own repercussions.


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