Moosa NO and Others v. Harnaker and Others (Western Cape High Court of South Africa): Wills Act Incompatible with South Africa Constitution Due to Discrimination Against Muslim Marriages

Contributor Katherine Gonzalez summarizes the recent decision of the Western Cape High Court in Cape Town, South Africa regarding the term "surviving spouse" and how it applies to Muslim marriages.   A Western Cape High Court in Cape Town declared the 1953 Wills Act inconsistent with the South Africa Constitution, because the statute’s provisions were … Continue reading Moosa NO and Others v. Harnaker and Others (Western Cape High Court of South Africa): Wills Act Incompatible with South Africa Constitution Due to Discrimination Against Muslim Marriages

Round-up on Triple Ṭalāq

SUPREME COURT CASE: Shayara Bano v. Union of India, etc. (Supreme Court of India)  In a 3-2 decision, the Supreme Court of India declared triple ṭalāq unconstitutional and gave India’s parliament six months “to consider legislation” for handling triple ṭalāq. In its opinion, the Court cited global advances in Islamic family law (in India, called Muslim … Continue reading Round-up on Triple Ṭalāq

In Response to the Indian Supreme Court’s Recent Decision on Triple Ṭalāq: A Legislative Proposal

The Indian Supreme Court's decision on triple ṭalāq declared it unconstitutional, and gave the legislature six months to decide on appropriate reform. Pakistan editor Zubair Abbasi responds to the decision and outlines considerations the legislature should address. "According to media reports, triple ṭalāq (instant, irrevocable divorce initiated by a husband in some versions of Islamic law) epitomizes … Continue reading In Response to the Indian Supreme Court’s Recent Decision on Triple Ṭalāq: A Legislative Proposal

Shayara Bano v. Union of India, etc. (Supreme Court of India): Judgment on Constitutionalism of Triple Ṭalāq

In a 3-2 decision, the Supreme Court of India declared triple ṭalāq unconstitutional and gave India’s parliament six months “to consider legislation” for handling triple ṭalāq. In its opinion, the Court cited global advances in Islamic family law (in India, called Muslim personal law) in “even theocratic Islamic states” as evidence of the need for reform.  The Court … Continue reading Shayara Bano v. Union of India, etc. (Supreme Court of India): Judgment on Constitutionalism of Triple Ṭalāq

CASE: Farooq Siddiqui v. Mst. Farzana Naheed (Federal Shariat Court, Pakistan): Judgment on Surrogacy

A baby produced through medical intervention by the sperm and egg of duly wedded couples (without involving a third party) is permissible under Islamic law. However, surrogacy is not allowed because marriage is the only means through which children should be produced under Islamic law. Surrogacy is likely to give rise to innumerable legal problems regarding … Continue reading CASE: Farooq Siddiqui v. Mst. Farzana Naheed (Federal Shariat Court, Pakistan): Judgment on Surrogacy

Federal Shariat Court of Pakistan on Surrogacy: From Judicial Islamization of Laws to Judicial Legislation

Pakistan editor Zubair Abbasi examines the legality of surrogacy under Islamic law. In Farooq Siddiqui v Mst. Farzana Naheed, decided on 16 February 2017, the Federal Shariat Court (FSC) determined the legality of surrogacy under Islamic law. In this case note, Abbasi analyzes the judgment of the FSC on surrogacy. Based on this analysis, he argues that this judgment signifies a historical … Continue reading Federal Shariat Court of Pakistan on Surrogacy: From Judicial Islamization of Laws to Judicial Legislation

Islamic Law in U.S. Courts: Anti-Sharīʿa Ban in Kansas

U.S. editor Abed Awad weighs in on the Kansas Superior Court's discussion of mahr and Kansas's anti-sharīʿa legislation in Soleimani v. Soleimani, 2012 WL 3729939 (Kansas Superior Court, 2012). Soleimani v. Soleimani, 2012 WL 3729939 (Kansas Superior Court, 2012) involved a wife’s request to enforce the mahr contained in her Muslim marriage contract. While the trial level … Continue reading Islamic Law in U.S. Courts: Anti-Sharīʿa Ban in Kansas

Islamic Law in U.S. Courts: Husein v. Husein and Husein, WL 842023 (Ohio Ct. App. 2001)

We use real cases to show how U.S. Courts consider Islamic law. Like any other legal framework, Islamic law defines and dignifies the institutions people hold dear, including marriage and finance. What do American judges do when adjudicating a case in which at least one party primarily understands these institutions and their protections through Islamic … Continue reading Islamic Law in U.S. Courts: Husein v. Husein and Husein, WL 842023 (Ohio Ct. App. 2001)

NY Court Ruling Against a Muslim Man’s Attempt to Unilaterally Divorce His Wife

Abed Awad, U.S. Editor, summarizes one of his recent cases on family law in which the defendant claims his maʿzūn-authenticated ṭalāq defers judgment of the divorce to the Family Court in Egypt. A revocable ṭalāq is not a final divorce to defeat a pending New York divorce action, said the New York Apellate Division The story of Fouad v. … Continue reading NY Court Ruling Against a Muslim Man’s Attempt to Unilaterally Divorce His Wife

Islamic Law in US Courts: Aleem v. Aleem, 947 A.2d 489 (Md. Ct. App. 2008)

We use real cases to show how U.S. Courts consider Islamic law. Like any other legal framework, Islamic law defines and dignifies the institutions people hold dear, including marriage and finance. What do American judges do when adjudicating a case in which at least one party primarily understands these institutions and their protections through Islamic … Continue reading Islamic Law in US Courts: Aleem v. Aleem, 947 A.2d 489 (Md. Ct. App. 2008)