Family Law in the Arab region
The foundational unit of equality
While the last 30 years have seen significant progress in the Arab region- with more girls in school and more women in the workforce and across public life than ever before - discrimination remains deeply rooted in the laws governing the family. Women and girls across the region are still being held back by inequality.
According to the World Economic Forum's 2025 Gender Gap Report, the Middle East and Northern Africa remain the lowest-ranked region, with a gender parity gap of 61.7%.
Because the family is considered the foundational unit of society, its governing laws are often seen as being tied to closely held beliefs about culture and religion. This has made family law - meaning laws that govern marriage, divorce, child custody, inheritance, and financial rights - one of the most intractable areas of reform.
Legal equality in the family is a prerequisite for women and girls to reach their full potential, and for societies to enjoy economic prosperity and sustainable development.
What do we mean by “family law”
Family laws regulate the most intimate and important parts of life. When we talk about ‘family law’, we mean the body of statutes, rules and regulations, court procedures, and customary and uncodified laws and practices that govern relationships within family units, including both de facto (in practice) and de jure (in law).
This includes, but is not limited to, areas of family relations that fall under Article 16 of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), including the rights of women and men entering into marriage, divorce, custody, guardianship of children, property rights, and equal rights to inheritance. It also includes the right of a spouse to choose their profession and occupation.
According to the UN Working Group on discrimination against women and girls, the failure to ensure the equality of women and girls within the family undermines attempts to ensure equality in all areas of society.
Our focus
As a coalition, we focus our efforts on three interconnected issues as identified by our members across the region. These are areas where discrimination is particularly entrenched, where public debate has often been limited, and where feminist organisations and coalitions can make a distinctive contribution.
1. Ending child marriage
Often justified under the guise of culture, religion, poverty, or traditional gender norms, child, early, and forced marriage and unions (CEFMU) are a human rights violation that must end. Some countries in the region have not set the minimum age of marriage at 18, and many have exceptions, including parental consent or religious or customary practice.
The Goal: Establishing a clear, enforceable minimum age of 18 for all, without exception, across the 22 Arab states.
2. Child custody and guardianship
Current laws often treat mothers as temporary caregivers and fathers as permanent legal authorities (guardians). This can mean that a mother’s custody is not only limited, but also conditional on her remaining unmarried. In other words, mothers lose custody of their children if they remarry.
The Goal: Shifting toward a child-centred approach where mothers and fathers are recognised as equal parents/guardians by law.
3. Financial rights of wives
Upon divorce or the death of their husband, millions of women are left with no recognised claim to the wealth they helped create. Many legal systems consider the wealth accrued during marriage as the sole property of the husband.
The Goal: Legal recognition of shared matrimonial assets and the enforcement of spousal support to ensure economic justice in the family.