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

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: 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