Case Commentary: Recognition of Islamic Marriage in the UK

A UK family court considered whether and how UK law recognizes a marriage conducted according to Islamic law that had not been accompanied by a civil law marriage. The husband contended that the couple was never married, and the wife—petitioning for divorce—insisted that they were. The two had signed an Islamic marriage contract (nikāḥ) accompanied … Continue reading Case Commentary: Recognition of Islamic Marriage in the UK

In the News: Muslim Marriages in the UK

Last week, an English High Court judge ruled in favor of a Muslim woman seeking a divorce from her husband, despite the fact that their marriage was never formally registered in the UK. The couple performed an Islamic nikāh ceremony 20 years ago, which recognized the marriage on religious terms. However, the judge found that … Continue reading In the News: Muslim Marriages in the UK

In the News: Sharīʿa Courts in the UK

A recent article in The Huffington Post profiled Dr. Amra Bone, the first female “sharīʿa court” judge in the UK. As a member of the Sharia Council at Birmingham Central Mosque, Dr. Bone hears divorce cases from Muslim couples seeking to get divorced in accordance with their religious traditions (in 2016, she and her colleagues … Continue reading In the News: Sharīʿa Courts in the UK

Recent Scholarship: Chaudhry on Islamic Legal History

Prof. Faisal Chaudhry recently wrote an article in Law and History Review discussing legal modernization in nineteenth-century India: “Rethinking the Nineteenth-Century Domestication of the Sharīʿa: Marriage and Family in the Imaginary of Classical Legal Thought and the Genealogy of (Muslim) Personal Law in Late Colonial India” This article reevaluates a common view about legal modernization … Continue reading Recent Scholarship: Chaudhry on Islamic Legal History

Islamic Law in U.S. Courts: In re: The Marriage of Ahmad & Shaifia Shaban (Cal. Ct. App. 2001): Marriage Certificate as Prenup

The appellate court upheld the Superior Court of Orange County’s refusal to divide marital property in the context of a divorce according to Islamic law. The plaintiff introduced a marriage certificate as a “premarital contract,” which, among other things, lays out a set amount to be paid to the wife in the event of a divorce. … Continue reading Islamic Law in U.S. Courts: In re: The Marriage of Ahmad & Shaifia Shaban (Cal. Ct. App. 2001): Marriage Certificate as Prenup

Contemporary Primary Sources: Omari and Omari [2012] ACTSC 33

Two sons, without consulting their sister, arranged for their mother to sign an Islamic will, with a two thirds share to be distributed to males in the family. The sister disputed the will, stating that the mother was effectively tricked into it. The court bypassed the issue, declaring that the mother died intestate and that … Continue reading Contemporary Primary Sources: Omari and Omari [2012] ACTSC 33

Contemporary Primary Sources: Taffa & Taffa [2009] FamCA 85

The parties, of Lebanese background, were married in Kuwait in 1973, though had moved to Australia in 1985 and maintained dual citizenship. In October 1998 the parties divorced Islamically through a local Islamic centre, then in November 1998 attended the Lebanese embassy and executed a power of attorney to allow their respective lawyers in Lebanon to proceed … Continue reading Contemporary Primary Sources: Taffa & Taffa [2009] FamCA 85

Contemporary Primary Sources: Report on Muslim Marriage and Divorce by Muslim Women’s Network UK

MWNUK published this report to inform Muslim women in Britain about their rights regarding marriage and divorce. It includes case studies and answers questions they commonly receive. Written to also assist academics, policymakers, religious authorities, and other relevant organizations, the report provides a comprehensive overview of the secular and religious legal problems Muslim women may … Continue reading Contemporary Primary Sources: Report on Muslim Marriage and Divorce by Muslim Women’s Network UK

Contemporary Primary Sources: Supreme Court of New South Wales: Mohamed v Mohamed [2012] NSWSC 852

The first defendant (Neima Mohamed, herein Neima), as the plaintiff in the court of first instance, had submitted that: On 4 April 2004, she and the plaintiff (Mostafa Mohamed, herein Mostafa) were married; On 28 February 2005, the parties had executed a pre-nuptial financial agreement that would regulate their financial affairs during and after their … Continue reading Contemporary Primary Sources: Supreme Court of New South Wales: Mohamed v Mohamed [2012] NSWSC 852

Islamic Law in U.S. Courts: Islam v. Islam (N. Mar. I. Sup. Ct. 2009): State Recognition of Islamic Marriages and Divorces

At issue in this case is the validity of a marriage performed in the Islamic tradition, where the husband sought an annulment of an initial “traditional” marriage and recognition of a subsequent civil marriage. The law of the Philippines does not require a couple to obtain a marriage certificate if their marriage is performed according … Continue reading Islamic Law in U.S. Courts: Islam v. Islam (N. Mar. I. Sup. Ct. 2009): State Recognition of Islamic Marriages and Divorces