Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS According to data from India's Darul Qaza, or Islamic arbitration center, more divorces have been sought through khula, whereby the woman petitions a judge for divorce and surrenders hew dowry, rather than through triple talaq, whereby the husband unilaterally divorces his wife. "Kerala Nadvathul Mujahideen (Markazudawa), [an Islamic organization operating … Continue reading Islamic Law in the News Roundup

Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS The Supreme Court of Pakistan recently held that a woman's right to be "maintained," that is, to be provided by her husband with resources adequate for her to maintain her standards of living, is absolute under Islamic law, as long as the wife remains "faithful and discharges hew own matrimonial … Continue reading Islamic Law in the News Roundup

Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law: In "‘The Best Interests of the Child’ Under Islamic Law" (in Child Rights to Guardianship, Springer: 2022), Ali Omar Ali Mesrati (University of Bahrain) explores the best interest of the child principle in Islamic law, with references to international law and Libyan law. R Charles Weller (Washington State University) reviews … Continue reading Weekend Scholarship Roundup

What does Equality Mean in the Colonies?

By Nurfadzilah Yahaya Two phenomena struck me as particularly incongruous while researching for my book Fluid Jurisdictions: Colonial Law and Arabs in Southeast and plagued me throughout the process of writing it. The first was “illegal occupations” (‘onwettige occupaties’) which referred to land occupied by populations who were not allowed to own the land according … Continue reading What does Equality Mean in the Colonies?

The Danial Latifi Case: Shah Bano Redux

By Nikhil Goyal This post is part of the Digital Islamic Law Lab (DILL) series, in which a Harvard student analyzes a primary source of Islamic law, previously workshopped in the DIL Lab. Source Summary In Danial Latifi & Anr v. Union of India, the Supreme Court of India (the “Court”) considers whether the Muslim Women Protection … Continue reading The Danial Latifi Case: Shah Bano Redux

Talāq, Sex Equality, and Due Process

By Limeng Sun This post is part of the Digital Islamic Law Lab (DILL) series, in which a Harvard student analyzes a primary source of Islamic law, previously workshopped in the DIL Lab. Case Summary: The Maryland Court of Appeals, the state’s highest court, in a case of first impression, held that the enforcement of a talāq … Continue reading Talāq, Sex Equality, and Due Process

The California Court of Appeal In re the Marriage of Turfe

By Iman Abdulkadir Mohamed The California Court of Appeal In re the Marriage of Turfe,[1] examined a novel legal theory made by a Muslim husband that claimed that he was induced to marry his wife because, by executing the Islamic marriage contract, the wife had agreed that her property rights in the event of divorce … Continue reading The California Court of Appeal In re the Marriage of Turfe

The Massachusetts Court of Appeals in Ravasizadeh v. Niakosari

By Iman Abdulkadir Mohamed The Massachusetts Court of Appeals in Ravasizadeh v. Niakosari,[1] a case of first impression, held that a Muslim marriage contract is enforceable under neutral principles of contract law without violating the Constitution's separation of Church and States. In Ravasizadeh, the parties married on June 20, 2000 in New York. According to … Continue reading The Massachusetts Court of Appeals in Ravasizadeh v. Niakosari

Islamic Law in U.S. Courts: Ahmed v. Ahmed (Tex. App. 2008): Deferred Dowry Claim

The Texas Court of Appeals reversed a state district court’s decision to uphold an Islamic marriage contract that awarded the wife a deferred dowry (mahr), an amount agreed upon at the time of marriage and due to the wife from the husband or his estate upon death or divorce, of $50,000. The district court had … Continue reading Islamic Law in U.S. Courts: Ahmed v. Ahmed (Tex. App. 2008): Deferred Dowry Claim

Islamic Law in U.S. Courts: Zawahiri v. Alwattler (Ohio Ct. App. 2008): Legal Standing of Dowry Following Groom’s Death

The Ohio Court of Appeals affirmed the trial court’s refusal to enforce an Islamic marriage contract, which called for a postponed dowry (mahr) owed by the husband to the wife upon death or divorce of $25,000. The Court found that the groom was coerced into signing the agreement, and thus it was not valid. The … Continue reading Islamic Law in U.S. Courts: Zawahiri v. Alwattler (Ohio Ct. App. 2008): Legal Standing of Dowry Following Groom’s Death