Comparative Legal Discourse Analysis: Speech Acts Codifying Gender Equality in Muslim Family Law Ordinance 1961 and the Marriage Law of the People’s Republic of China

Aisha  Rehman; Zukhrif Ali  Dal

doi:10.54418/ca-98.280

Authors

Aisha Rehman English Lecturer at Rehman College of Nursing, RMI Hayatabad Peshawar. Email: aishafrehman06@gmail.com
Zukhrif Ali Dal Advocate Zukhrif Ali Dal.Legal Associate at Ch. Muhammad Sadiq & Co. Email: zukhrafdal123@gmail.com

DOI:

https://doi.org/10.54418/ca-98.280

Abstract

This study examines the legal language application in the Muslim Family Law Ordinance 1961 and the Marriage Law of the People’s Republic of China to assess the use of speech acts particularly declarative and directive that represents gender equality within family laws. The study explores the ways legal language is utilized to present responsibilities and manage relationships between spouses in both laws. It further investigates that both the laws either emphasize on equal rights or traditional social roles within the family matters. The purpose of the study is to recognize and compare the speech acts used in both laws and to evaluate how they represent gender roles and legal responsibilities by using qualitative research methodology and applying Speech Act theory created by J.L. Austin and John Searle. The analysis assesses declarative and directive speech acts used frequently and dominatedboth the laws related to gender equality with reference to marriage, divorce, inheritance and property rights.

The Muslim Family Law Ordinance 1961 incorporates rules related to maintenance and divorce in traditional way whereas the Marriage Law of the People’s Republic of China emphasizes on equal gender rights. The study concludes that legal discourse plays an important role in shaping gender equality and both legal systems uses same speech acts but having different interpretations.

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