CONFLICT OF LAWS IN INTERNATIONAL MUSLIM MARRIAGES: LEGAL CHALLENGES AND HARMONIZATION APPROACHES ACROSS JURISDICTIONS

As globalization increases the rates of international Muslim marriages, varied interpretations of Islamic marriage law across jurisdictions present multifaceted legal challenges.​ Several conflicts flow in the issues of marital rights, procedures of divorce, and inheritance rights that spring from the differences in legal traditions and socio-cultural contexts. In Muslim-majority countries, the reconciling of interpretations of Sharia to secular legal frameworks creates sometimes difficult scenarios on practices that include unilateral divorce (talaq) and polygamy. These disparities lead to complications on the consent issue, dowry or mahr, and recognizing marriages across borders. Consequently, different jurisdictions have been looking for fluid solutions and have begun exploring the solutions of dual recognition frameworks and bilateral agreements for mutual recognition of marital status. International bodies like the Hague Conference on Private International Law facilitate harmonization within treaties, bearing in mind the considerations both of cultural diversity and uniformity in family law. This discussion heavily relies on international human rights standards, giving basic guidance in bringing religious practices to reconcile principles of equality and justice. This paper analyses the intricacies of international Muslim marriages, identifies relevant legal conflicts, discusses the role of human rights law, and further presents mechanisms for the effective harmonization of legal provisions for spouses worldwide.