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 … Continue reading Commentary :: Recognition and Regulation of Muslim Marriages in South Africa
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 … Continue reading Commentary :: Criminalization of Triple Ṭalāq in India: A Dilemma for Religiously Divorced but Legally Married Muslim Women
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 … Continue reading Recent Scholarship: Abbasi on Islamic Divorce Law
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 … Continue reading Recent Scholarship: Special Journal Issue on Khulʿ
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 … Continue reading The California Court of Appeal In re the Marriage of Turfe
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 … Continue reading The Massachusetts Court of Appeals in Ravasizadeh v. Niakosari
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 … Continue reading In the News: Triple Ṭalāq Criminalized in India
By Hannah Hess Facts: Apartheid-era South African courts historically denied recognition to marriages conducted according to Islamic rites, since such unions were perceived as contrary to accepted social customs. Until … Continue reading WLC v. President of the Republic & Others (South Africa)
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 … Continue reading Islamic Law & Law of the Muslim World eJournal: Oct 5th
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 … Continue reading In the News: Muslim Marriages in South Africa
