In the News: Triple Ṭalāq Criminalized in India

About three months ago, the Indian government formally criminalized “triple ṭalāq” divorce—an instant and irrevocable divorce under some versions of Islamic law where a husband can unilaterally divorce his wife by saying the word ṭalāq (divorce) three times. The Supreme Court of India had ruled last August that the practice of “triple ṭalāq” was unconstitutional. … Continue reading In the News: Triple Ṭalāq Criminalized in India

Recent Scholarship: Akhter v. Khan

In August, the SHARIAsourceBlog featured a roundtable discussion on the Akhter v. Khan case, concerning the legal status of Islamic marriages and divorces under UK law. The London School of Economics' "Religion and Global Society" blog also posted a commentary on the case, written by Alistair Jones, which questioned the role of the government in … Continue reading Recent Scholarship: Akhter v. Khan

Islamic Law Scholarship Round Up: Oct 19th

Ralph Grillo, who wrote for the SHARIAsourceBlog in March regarding “The Independent Review into the application of Sharia law in England and Wales” by the UK Home Office, just published an article in the Journal of Muslims in Europe on this ongoing legal and policy debate. In his article (“Comment on the Report of the … Continue reading Islamic Law Scholarship Round Up: Oct 19th

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

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)

Roundtable on Islamic Family Law in the UK :: The Move Toward Cohabitation: Islamic Marriage in England and Wales

Hadeer Soliman and Vishal Vora analyze the ongoing examination of the legal status of Islamic marriages and divorces under UK law using Al-Saedy v. Musawi (2010), Dukali v. Lamrani (2012), MA v. JA (2012), and the July 2018 decision of Akhter v. Khan (2018). This piece was originally published on the SHARIAsource Portal. Introduction State level discussions, suggested legislation, and case law surrounding Islamic … Continue reading Roundtable on Islamic Family Law in the UK :: The Move Toward Cohabitation: Islamic Marriage in England and Wales