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

SYMPOSIUM :: On “The Independent Review into the application of Sharia law in England and Wales” by the UK Home Office

Response #1: Blurred Boundaries; Muddied Waters or Multiculturalism Gone Astray? Some reflections on The Independent Review into the application of Sharia law in England and Wales.[1] By Shaheen Sardar Ali Professor of Law, University of Warwick The Independent Review into the application of Sharia law in England and Wales[2] was presented to the UK Parliament … Continue reading SYMPOSIUM :: On “The Independent Review into the application of Sharia law in England and Wales” by the UK Home Office

Islamic Law in U.S. Courts: Tarikonda v. Pinjari (Mich. Ct. App. 2009): Michigan Law Defeats Extralegal Divorce Attempt

In divorce proceedings, a wife appealed the decision of the Oakland Circuit Court Family Division, granting her husband’s motion to dismiss her claims and recognize their previous divorce, which occurred when the couple was in India. Specifically, she contested the validity of the “triple ṭalāq” divorce (a version of final, irrevocable divorce under Indian and … Continue reading Islamic Law in U.S. Courts: Tarikonda v. Pinjari (Mich. Ct. App. 2009): Michigan Law Defeats Extralegal Divorce Attempt

Islamic Law in U.S. Courts: In re: The Marriage of Awatef and Nabil Dajani (Cal. Ct. App. 1988): Divorce Proceeding

In a divorce proceeding involving a prenuptial agreement (Islamic marriage contract) between a Muslim husband and wife, the California Court of Appeals considered the validity of a provision requiring the husband to pay 3,000 Jordanian dinars as well as 2,000 dinars of either cash or household furniture as a “deferred dowry” (known as mahr or … Continue reading Islamic Law in U.S. Courts: In re: The Marriage of Awatef and Nabil Dajani (Cal. Ct. App. 1988): Divorce Proceeding

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

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

Women’s Right to Divorce under Islamic Law in Pakistan and India

Indian Muslim women's rights are once again manifesting as debates about talaq (divorce). Shayara Bano, who holds an advanced degree in sociology, petitioned the Indian Supreme Court last year to rule on the constitutionalism of triple-ṭalāq, in which a Muslim husband may divorce his wife by simply saying "ṭalāq" three times with our without her consent. After she suffered … Continue reading Women’s Right to Divorce under Islamic Law in Pakistan and India

CASE COMMENT: Shamim Ara and the Divorce Politics of a Secular and Modern India

South Asia editor Jeff Redding argues that the "state vs. non-state character of talaq" is too often overlooked as a factor influencing the Indian Supreme Court's decision in the landmark case Shamim Ara v. State of U.P. (2002). While the decision's positive effect on Muslim women's welfare in India cannot be denied, the contemporary Indian state's concerns about presenting itself as a … Continue reading CASE COMMENT: Shamim Ara and the Divorce Politics of a Secular and Modern India