Commentary :: Recognition and Regulation of Muslim Marriages in South Africa

By Waheeda Amien On August 31, 2018, the Western Cape High Court in South Africa handed down a groundbreaking judgment in the case of Women’s Legal Centre Trust v President of the Republic of South Africa and Others.[1] In this case, a full bench of three High Court judges ordered the South African government to … Continue reading Commentary :: Recognition and Regulation of Muslim Marriages in South Africa

Commentary :: Criminalization of Triple Ṭalāq in India: A Dilemma for Religiously Divorced but Legally Married Muslim Women

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India’s legislature has criminalized instant divorce (triple ṭalāq) through the enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019. This piece of legislation is a result of the Supreme Court judgment in the Shayara Bano case two years ago. In this judgment, the Court declared the practice of triple ṭalāq a violation … Continue reading Commentary :: Criminalization of Triple Ṭalāq in India: A Dilemma for Religiously Divorced but Legally Married Muslim Women

Recent Scholarship: Abbasi on Islamic Divorce Law

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The latest issue of SSRN's Islamic Law & Law of the Muslim World eJournal includes the following article by SHARIAsource South Asia Editor Zubair Abbasi: "From Faskh to Khula: Transformation of Muslim Women’s Right to Divorce in Pakistan (1947-2017)" In the article, Abbasi traces the transformation of women's right to divorce in Pakistani courts over … Continue reading Recent Scholarship: Abbasi on Islamic Divorce Law

Recent Scholarship: Special Journal Issue on Khulʿ

The latest issue of Brill's Islamic Law and Society explores khulʿ practices in the modern world. Khulʿ is a type of Islamic divorce procedure. Although it usually refers to a type of divorce initiated by the wife, the articles below highlight many regional differences, including in the role of the husband and the role of … Continue reading Recent Scholarship: Special Journal Issue on Khulʿ

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

Islamic Law & Law of the Muslim World eJournal: Oct 5th

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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