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: Dispatches from the Culture WarsMaryland Court Rejects Muslim Divorce
By Ed Brayton
Maryland's highest court has rejected a talaq divorce performed by a Muslim man in order to prevent his wife from getting anything in their divorce under state law (see full ruling here). Under Islamic law, a man can divorce his wife merely by saying "I divorce you" three times. In this case, the man, Irfan Aleem, a World Bank economist, went to the Pakistani embassy and signed a piece of paper saying that so they would immediately grant him an official divorce and he would not have to split up his $2 million estate with his wife. The Maryland court said no, they will not recognize that divorce and he still has to go through the laws of the state in order to get one, saying, "the enforceability of a foreign talaq divorce provision, such as that presented here, in the courts of Maryland, where only the male, i.e., husband, has an independent right to utilize talaq and the wife may utilize it only with the husband's permission, is contrary to Maryland's constitutional provisions." They further said:
Read the rest of this post... | Read the comments on this post...Full post as published by Dispatches from the Culture Wars on May 08, 2008 (boomark / email).
Maryland appeals court rules Islamic divorce practice constitutionally invalid
[JURIST] The Maryland Court of Appeals has ruled [opinion, text] that the Islamic talaq [IRFI backgrounder], a controversial practice under which a husband can divorce his wife without her say, violates the state constitution [text] and therefore does not constitute a valid form of divorce in Maryland...
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The Maryland State Court of Appeals has ruled that the Talaq divorce proceeding fails to allow proper due process and equal rights to men and women, thwarting a man's efforts to short-circuit the civil divorce proceeding his wife had initiated...
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In New Delhi, All India Muslim Women Personal Law Board is trying to improve the status of Muslim woman in the new “Shariat Nikahnama” that would allow women to divorce their husbands when they have affairs with other woman and to stop the practice of allowing men to divorce their wives via SMS or emails...
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Lawyer James Gross (and his law firm Thyden, Gross & Callahan) puts out the Maryland Divorce Legal Crier, a very nice blog packed with current events and information relevant to Maryland and beyond...
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