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 … Continue reading Recent Scholarship: Jaraba on Divorce
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 … Continue reading Case Commentary: Recognition of Islamic Marriage 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 … Continue reading In the News: Muslim Marriages in the UK
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 … Continue reading Islamic Law in U.S. Courts: Tarikonda v. Pinjari (Mich. Ct. App. 2009): Michigan Law Defeats Extralegal Divorce Attempt
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 … Continue reading Round-up on Triple Ṭalāq
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 … Continue reading In Response to the Indian Supreme Court’s Recent Decision on Triple Ṭalāq: A Legislative Proposal
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, … Continue reading Islamic Law in U.S. Courts: Anti-Sharīʿa Ban in Kansas
By Mubasher Hussain Background: “Munshi Buzul-ul-Raheem case ruled upon in 19[??], in which the Judicial Committee of the Privy Council (the highest court then) decided that the khul‘-divorce was not … Continue reading Fatwās on Khul‘
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 … Continue reading NY Court Ruling Against a Muslim Man’s Attempt to Unilaterally Divorce His Wife
We use real cases to show how U.S. Courts consider Islamic law. Like any other legal framework, Islamic law defines and dignifies the institutions people hold dear, including marriage and … Continue reading Islamic Law in US Courts: Aleem v. Aleem, 947 A.2d 489 (Md. Ct. App. 2008)
