In the News: Interfaith Marriages and Islamic Law in Tunisia

Last fall, Tunisia overturned a 1973 law that banned Muslim women from marrying non-Muslim men. (It is generally accepted by Islamic scholars that men are permitted to marry women of certain monotheistic faiths that predate Islam, such as Judaism and Christianity; however, the opposite scenario—Muslim women marrying non-Muslim men—is a source of contention.) Supporters of … Continue reading In the News: Interfaith Marriages and Islamic Law in Tunisia

Islamic Law & Law of the Muslim World eJournal: Oct 5th

This week’s issue of the Islamic Law & Law of the Muslim World eJournal includes: “Open Issues in European International Family Law: Sahyouni, “Private Divorces” and Islamic law under the Rome III Regulation” by Susanne Lilian Gössl This paper examines whether the Rome III Regulation, an EU legal pact concerning which law to use in … Continue reading Islamic Law & Law of the Muslim World eJournal: Oct 5th

In the News: Muslim Marriages in South Africa

On August 31st, a South African court ruled that Islamic law marriages must be recognized by the government in order to provide greater protections to women and children in case of divorce. Currently in South Africa, the law recognizes “customary marriages,” but only when they are part of the “customs and usages traditionally observed among … Continue reading In the News: Muslim Marriages in South Africa

Recent Scholarship: Jaraba on Divorce

A recent article in Islamic Law and Society on "The Practice of Khulʿ in Germany: Pragmatism versus Conservativism," by Mahmoud Jaraba, examines how Muslim women who are religiously-married in Germany might initiate no-fault divorce in the absence of a German registered civil marriage. Because there is no Muslim state authority to consult, local imams and … Continue reading Recent Scholarship: Jaraba on Divorce

Recent Scholarship: Journal Issue on Unregistered Marriages

An upcoming special issue of the Oxford Journal of Law and Religion focuses on unregistered Muslim marriages, which was also the topic of a recent SHARIAsource roundtable. The articles reiterate that one of the main challenges with unregistered marriages is that there are certain benefits and state protections that are only available to legally recognized … Continue reading Recent Scholarship: Journal Issue on Unregistered Marriages

Recent Scholarship: Registration of Muslim Marriages

Last week’s roundtable discussed the registration of Muslim marriages in modern-day UK. For a historical and comparative perspective, read this article in Islamic Law and Society—written by SHARIAsource Russia, Central Asia & Caucasus Editor Rozaliya Garipova—about the registration of Muslim marriages in nineteenth-century Russia. “Married or Not Married? On the Obligatory Registration of Muslim Marriages … Continue reading Recent Scholarship: Registration of Muslim Marriages

In the News: Islamic Inheritance Laws

Earlier this month, Tunisia’s President announced in a speech: “I propose equality inheritance to become law.” Currently in Tunisia, men typically inherit double what women inherit. The proposed change has attracted criticism from conservative Muslim groups, who argue that inheritance should be based on the Qurʾān—even though, according to Tunisia’s 2014 Constitution, Islamic law has … Continue reading In the News: Islamic Inheritance Laws

FEATURE :: Roundtable on Islamic Family Law in the UK: Akhter v. Khan (July 2018)

Six scholars and practitioners of Islamic family law and related subjects weigh in on the recent high-profile case of Islamic divorce in the UK, Akhter v. Khan issued by the High Court of Justice of England and Wales.  At the tail end of last month, a UK court decided a case of family law that has reverberated … Continue reading FEATURE :: Roundtable on Islamic Family Law in the UK: Akhter v. Khan (July 2018)

Roundtable on Islamic Family Law in the UK :: Engaging with the Terms of the Marriage Act of 1949

Rebecca Probert comments on the High Court of Justice of England and Wales’ recent decision on the Akhter v. Khan case. The case is one example of the ongoing examination of the legal status of Islamic marriages and divorces under UK law. The key problem with the decision in Akhter v Khan and the Attorney General – as … Continue reading Roundtable on Islamic Family Law in the UK :: Engaging with the Terms of the Marriage Act of 1949

Roundtable on Islamic Family Law in the UK :: The Need for an Efficient Mechanism to Marry (Akhter v. Khan, July 2018)

Vishal Vora comments on the High Court of Justice of England and Wales’ recent decision on the Akhter v. Khan case. The case is one example of the ongoing examination of the legal status of Islamic marriages and divorces under UK law. Dr. Vora takes a closer look at Islamic family law in the UK in The … Continue reading Roundtable on Islamic Family Law in the UK :: The Need for an Efficient Mechanism to Marry (Akhter v. Khan, July 2018)