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U.S. Court Denies Muslim Divorce Tradition
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May 9th, 2008
"Muslim Divorce Way Not Acceptable for U.S. Court"
According to recent reports, the highest court in the state of Maryland ruled earlier this week that the traditional way of divorcing for many Muslims will not suffice in the U.S.
The Court of Appeals rejected a Pakistani man’s argument that the Islam way to leave your wife should be acceptable in America.
Three Times to Divorce
Men in Muslim countries can reportedly simply say “I divorce thee” three times when leaving their wives and the divorce is finalized.
When Irfan Aleem’s wife, Farah, filed for a divorce, Irfan counterclaimed and went to the Pakistani Embassy in Washington and attempted to turn jurisdiction of the case over to the Pakistani court.
U.S. Court Objects
Although the Pakistani court granted Irfan the divorce, his way, Maryland’s highest court disagreed with the ruling.
“If we were to affirm the use of Muslim traditions, controlled as they are by husbands, a wife, would never be able to consummate a divorce action filed by her in which she seeks a division of marital property,” say the judges who made the decision.
Experts Weigh In
Julie Macfarlane, a law professor and expert in Islamic law questions how Irfan thought he would get away with this way of divorce in the U.S.
“The theory of Islamic law is that the man has the right and that the woman has to ask for it, but what’s fascinating is that in practice, Islamic divorce is evolving to fit contemporary mores,” explains Macfarlane. “Women are asking for divorce now. Two decades ago, they were not.”
(Source: Baltimore Sun)
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