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

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

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

Round-up on Triple Ṭalāq

SUPREME COURT CASE: Shayara Bano v. Union of India, etc. (Supreme Court of India)  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 … Continue reading Round-up on Triple Ṭalāq

In Response to the Indian Supreme Court’s Recent Decision on Triple Ṭalāq: A Legislative Proposal

The Indian Supreme Court's decision on triple ṭalāq declared it unconstitutional, and gave the legislature six months to decide on appropriate reform. Pakistan editor Zubair Abbasi responds to the decision and outlines considerations the legislature should address. "According to media reports, triple ṭalāq (instant, irrevocable divorce initiated by a husband in some versions of Islamic law) epitomizes … Continue reading In Response to the Indian Supreme Court’s Recent Decision on Triple Ṭalāq: A Legislative Proposal

Islamic Law in U.S. Courts: Anti-Sharīʿa Ban in Kansas

U.S. editor Abed Awad weighs in on the Kansas Superior Court's discussion of mahr and Kansas's anti-sharīʿa legislation in Soleimani v. Soleimani, 2012 WL 3729939 (Kansas Superior Court, 2012). Soleimani v. Soleimani, 2012 WL 3729939 (Kansas Superior Court, 2012) involved a wife’s request to enforce the mahr contained in her Muslim marriage contract. While the trial level … Continue reading Islamic Law in U.S. Courts: Anti-Sharīʿa Ban in Kansas

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