Transforming Islamic Family Law: State Responsibility and the Role of Internal Initiative

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Transforming Islamic Family Law: State Responsibility and the Role of Internal Initiative
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103 COLUMBIA LAW REVIEW 1136 (2003)
The Convention on the Elimination of All Forms of Discrimination Against Women generally disregards cultural specificity in favor of a universal standard of equality and, accordingly, requires States Parties to abolish all laws and practices that contravene this standard. Rejecting both this absolute universalism and counterarguments for uncompromising cultural relativism, this Note advocates a mediating approach -- one that acknowledges unity while respecting diversity. This Note presents discrimination against women in the inheritance practices of the Muslim community in Northern Nigeria as a problem that can properly be solved by internal initiative and cooperation between Muslims and state actors - free from dogmatic interferences from within and, more importantly, from without. The advancement of human rights in the Muslim world is inextricably linked to the possibility of Islamic reform. This Note argues that Muslims themselves can best carry out this reform and bring their laws and practices into conformity with international standards.