There are gravely serious consequences and problems women from the Muslim and Jewish community face when their spouses refuse to grant a religious divorce. A civil judgment of divorce does not terminate a couple's religious marriage. With spiteful husbands and no recourse for themselves, these women are often barred from remarrying.
Back in 2002, Odatalla v. Odatalla was a landmark case in New Jersey where the court properly used a simple contract approach to enforce a Muslim marriage contract and mahr/dowry provision. American courts have long misconstrued Muslim marriage contracts to be prenuptial agreements
In this article, I analyze an appellate decision and discuss a domestic violence case wherein the husband claimed it was in his religious rights to force nonconsensual sexual relations on his wife. This perception is woefully wrong - Muslim culture and Islamic law does not condone violence against women, and in fact historically Muslim women have fared far better than their European counterparts in marriage and divorce, property ownership, education, and societal influence.
The case of Mussa v. Palmer-Mussa, North Carolina (2011) is not unique. Cases around the country for years have handled the intricate issues involved with divorcing husbands and wives who were married religiously, but did not obtain a state marriage license. These marriages are considered completely void in some states, and voidable in others.
Islamic law provides three primary methods to dissolve a marriage: talaq, faskh/tafriq, and khula. What does revocable and irrevocable talaq mean? For a breakdown of these three methods of divorce
The Marriage Contract, the mahr, the religious ceremony - all different aspects of Islamic marriage. For a detailed look into each and how they come together to form a marriage
Want more information on Islamic family law? Would you like to understand how it is applied in American family courts?
I handled a case just a few years ago in New York, where a husband attempted to claim his Egyptian talaq (divorce/repudiation) deferred the Plaintiff/wife's divorce claims to the Family Court in Egypt.
Published in New Jersey Law Journal – Monday February 13, 2012 – By Abed Awad & Noura Jebara – The ideal solution to protect New Jersey women whose husbands refuse to grant them a religious divorce is to adopt a New York-style law. There, litigants must allege in the verified complaint that befo...