Islamic divorce in the U.S.

An interesting and revealing PR piece by a law firm soliciting Muslim clients. It confirms Muslims are attempting to have judges affirm Islamic sharia law in U.S. courts, and that sharia law has been rejected but can also be both permitted and not permitted in U.S. courts. via PR-USA.net – I Divorce You.

At times, Sharia, which is a religiously-based legal system, conflicts with the American legal system, which is secular. The laws governing divorce are often an example of this tension between Sharia and the American legal system.

While the notion of marriage in American society is quite religious in nature, at least ceremonially, the underlying contractual aspect of marriage is secular. Thus, divorce in America is also secular, requiring the assistance and/or approval of the courts to finalize a divorce.

Two aspects of Islamic marriage and divorce that differ from the American system are the mahr and the talaq.

Mahr

An integral part of an Islamic marriage contract, a mahr is a gift from the husband to the wife. Most commonly this gift is money, but can also be property, possessions, or, in some cases, service to be performed — such as teaching the faith or providing labor for a specified time. The mahr, once given, becomes the solely the wife’s property, and with this ownership comes the admission that the wife is independent.

The price of the mahr is actually not set, but is supposed to be given according to the husband’s means. So, the mahr can be a nominal amount or range into the millions of dollars.

Richard Freeland, in an article for the Gonzaga Journal of International Law, notes that “U.S. courts treat mahr as part of an ante-nuptial agreement.” This means that the mahr must meet the requirements for an ante-nuptial agreement in order to be enforceable in the U.S. Generally, an ante-nuptial agreement must be entered into voluntarily by both the husband and wife, plus, it is generally required that there is a full disclosure of finances by both parties. In addition, each jurisdiction may have its own specific requirements for ante-nuptial agreements. If all requirements are met, the court may declare a mahr enforceable.

So it can be enforceable.

Talaq

Under Islamic law, a man can divorce his wife by pronouncing the talaq — often called the triple talaq — three times. After the talaq is said, the husband and wife are divorced, whether he actually intends to divorce his wife or not. For centuries, the talaq has been used by husbands to divorce their wives in Islamic countries.

The talaq is a quick divorce that essentially labels the wife a “bad Muslim,” and allows the husband to benefit from the Islamic child custody laws that discriminate against the woman. Another aspect of the talaq is that, unlike in the United States, the woman is not able to seek alimony/spousal support, but is rather given a nominal payment or deferred mahr. In essence, a rich husband could divorce his wife and virtually give her none of the marital estate.

Traditionally under Islamic law, only the husband is able to invoke the talaq, not the wife — unless the husband has granted her permission to do so.

Why Not Enforceable in America?

American courts have the discretion to grant comity to the judicial decisions of other countries, but this is not an obligation. Comity is a recognition of or courtesy for the decisions of these foreign courts.

As noted by Professor Gabriel Sawma, comity often arises in Islamic divorce cases when a Muslim man who resides in the U.S. returns to his home country to receive a divorce under Islamic law and then seeks to have that divorce enforced in the U.S.

However, American courts, in not granting comity, refuse to enforce Islamic divorces given under Sharia, as they violate the Establishment Clause of the First Amendment — which forbids the government from establishing a national religion or unfairly favoring one religion over another.

Additionally, courts are allowed to refuse to recognize the divorce from another country if the foreign law is “repugnant” — doesn’t conform with U.S. notions of fairness to both parties or violates public policy.

In one recent case, a Maryland court held that the talaq was contrary to the state’s constitutional provisions providing women and men with equal rights. Further, the court held that the talaq violated public policy because it didn’t afford the wife in the case due process of law.

As we posted previously, a Muslim-produced research paper has highlighted the growing body of case law based on sharia being established by judges in U.S. courts.

Creep. creep. Now U.S. lawyers are hopping on the sharia bandwagon.

29 thoughts on “Islamic divorce in the U.S.

    • Charles, I agree! What more can you say? It makes me wonder..do these people escape their regimes BECAUSE of Sharia law and then somehow want to start practicing it here? Or are most of them deliberately bringing it? We all know how much pressure the imams put on all Muslims to enforce Sharia. You’re right..WE DON’T WANT SHARIA HERE. TAKE IT BACK TO YOUR COUNTRY WHERE IT’S WELCOME!

  1. Most of them are deliberately bringing it? They wouldn’t be a good muslim if they didn’t. And it isn’t that hard to figure it out. Why else would anyone want to wear a bag on their heads. These people are stupid. They think the will dominate the world. Maybe the world of hell but not ours..Peace to all non-muslims.

  2. To undermine US law in any way for any reason contravenes the only rule of law that matters on sovereign soil. This outrage against US law and human rights must stop.

  3. How does anyone expect Islam to evolve into the modern world if Islam is given a separate legal backwards category to live in? Surely even the most pro-Islam in all fashion type from Obama to Holder concur.

    • EVOLVING INTO THE MODERN WORLD;that is exactly what they are trying to do;it will not work.They are doomed…………they are only a tool in the tool box where the goal is a workable new order .they can only be allowed to go so far .It was never in the PLAN to let Islam take over………….a more sinister LAW is in the works.

  4. You know what they say. Once the camel’s nose is in the tent….well, get ready for stonings, beheadings, and burkas for EVERY woman…non-Muslim included. Just push that Muslim envelope a little further…a little further….Yipee!!!

  5. Islam;object of the situation;SET UP AUTONOMOUS STATES WITHIN AMERICA;CANADA.MEXICO.VENEZUELA;BRAZIL;CENTRAL AMERICA.MAIN TOOL S IN THE TOOLBOX;MONEY,SHARIA.PROPAGANDA.PART TWO;IMPLEMENTATION OF NEW WORLD ORDER PLAN CALLED;OPERATION DEMOCRACY……A MELDING OF ISLAMIC ,FAR -EASTERN AND CABALISTIC THOUGHT IN THE RIGHT PROPORTIONS;THIS SIMPLY WILL NOT WORK;THIS REACTOR IS TOO DANGEROUS………..MURPHY’S LAW SDAYS THE NEW WORLD ORDER WILL MELT DOWN INTO CATOSTROPHIC SITUATIONS;SHARIA OR ANY OTHER SYSTEM IS A MATTER OF CONTROL;WHO HAS THIER THIER HANDS ON THE STEERING WHEEL?THOSE WHO HANDLE STEERS;THOASE WHO GUIDE THE HERD.THE EMERGING BEAST IS EVIDENT;7 HEADS AND 10 HORNS.

  6. If shariah were to become law here, I would have been in trouble reading Muslim Mafia when the other day a muslim was “offended” by my library book. I told him he has the right to be offended and the right to leave as much as I have the right to read it. But I’m worried about our politically correct politicians who care only about re-elections.

    • That would have been fun!! I would have SO unloaded on him… Well, I’m offended that your so called peaceful religion is responsible for the horrific deaths of over 17,000 people since 2001 and 270 million people since it’s vile conception from that pedophile illiterate moHAMmed, I’m ofended that you beat your women, molest your children and behead people who aren’t moooslim, I’m offended that your vile religion is infiltrating every part of our society, I’m offended that you people ct like animals and go on a riotous killing spree over cartoons and burning a book. I’M OFFENDED BY YOUR VERY PRESENCE!! and then watch him cry!! Or I would hav just said, Tough sh**, this is America an we are NOT giving up our rights to free speech just because YOU are offended! WE WILL NOT SUBMIT!

      • I might have also said (had he the courage to confront me directly instead of the desk person at the gym) that his koran offends me with its profound hatred of all things un-islamic and his pedophile of a prophet, peas be up in him.

    • GOOD FOR YOU, ROB!!

      You definitely should have called him on his koran…the funny thing is, you might know more about what the koran says than he did…there is a good chance that would be true.

      I could make a list as long as my arm of all the bullshit about Islam that offends me…and most other non muslim’s as well….
      I think the west is starting to wake up to the fact that Political Correctness is an abject and utter failure, although here in Canada our learned and scholarly politicians still have their head’s up their ass…they’ll do anything for votes.

      • I’m in Canada too, via New York City, (born and raised). I’m actually halfway done with a novel involving Islamic terrorism so I’m pretty sure you’re right in that I know more than the cretin with the “offensive problem.”

        • Rob
          God luck with your novel.
          A good friend of mine, who was raised Baptist, but has since defected, (agnostic) was considering writing a novel abut a born again Christian who comes back after death to live (eternally) in Detroit with nothing but Muslims living there with him.
          Needless to say he has a somewhat twisted sense of humour, but I can tell you this: If he ever wrote it, it would be hysterical.

          • thanks–my second novel is serious–first was humorous. this one is about a guy who’s captured by terrorists and has to talk one of them out of Islam or he gets beheaded the next day. Jihad Joe, after the one terrorist’s name, Yusuf.

  7. How about we grant ALL MUSLIMS a DIVORCE from the U S A and KICK there MOLDY ASS’S back where they came from. They can take the CLOSET MUSLIM with them. LOCK and LOAD.

  8. Our laws must be first and foremost. If any immigrant wants to bring their different views, fine, but don’t expect America to change into a country you left behind. We will not be molded into something we weren’t meant to be. America is a free country with its’ own laws. Live by them or don’t come here at all.

    We have all types of people and all types of religions in America. There isn’t ONE that trumps any other. There isn’t ONE that is superior to others. America is accepting, but nowhere in our Constitution does it say we must yield to others’ beliefs. Remember, we are ALL equal here.

    • But Nancy, they are already here and they are already trying to change us. We have Keith Ellison in Minn. who went to school with the head of CAIR and has received funding from him. But this is just the tip of the iceberg. We must write to our leaders and demand that shariah law not be allowed to replace our Constitution. Recently a Florida judge ruled in favor of shariah to do just that with a dispute over a local mosque. They are also trying to get special prayer rooms in schools, foot baths there too as well as airports, and so on. It’s called creeping shariah, and for every inch we give them, they want more and then justify it with what we’ve already given them. While they comprise less that 1 percent of the population (they lie with their numbers but the actual census is around 2.5 million muslims here at best), they want special treatment from us because they believe they are better than us and the USA is theirs as per allah and his pedophile prophet, peas be up in him.

      • You are right. Let your rep know where you stand on this issue. Do it frequently if need be. Too often they turn a deaf ear to us.

        I also feel the American citizens should be the judge and vote whether we want Shira Law in our Country. This is too big of an issue for our gov’t elected officials to make on their own. This is OUR country too, and we still have OUR rights.

  9. I think it behooves us, whenever the opportunity arises, to insist that any acceptance of shariah law (piss be upon it) must be submitted to the citizens/voters to vote on it in referendum – and only state by state. The goal of this would be to bring it very much to public attention – AND public discussion! At last the sleeping public would be bombarded with the pros & cons – and a solid argument can ALWAYS be made against these 7th century FOREIGN/ALIEN laws!! Indeed, “OFF WITH THEIR HEADS!!”

    • trouble with that idea is that it gives them a pinch of credibility when it’s our Constitution that is being challenged–there shouldn’t even be a discussion with these sneaky bastards who would take away our freedom

  10. Just to make it clear….I am not if favor of any religion. But I have one point, they come out of their country because they are getting treated like SHT. I don’t think the article is saying anything that the Shi’a law will be practice in US. It is in case those women whose been treated like SHT by their husbands even in US can get help from the US law and free themselves. Most of those husband won’t add their wives’ names to any of their properties or bank accounts so therefore if the wife wants to divorce them, the husband always can re-locate his assets so the wife will be tossed out of the house with nothing after divorce. If the wife can go to the judge and get her divorce under the Shari’a law, then US court can free her from her abusive marriage. I don’t think the article is about practicing it here, it’s about how judge can protect the abused women if they need to.

  11. Pingback: International Islamic Conspiracy | brucelarochelle

  12. there is no such thing as partial sharia– only a step towards full sharia
    and the hatred of all things non muslim
    In other words- everything the west stands for !!
    islam is not a religion it is a brainwashing vicious cult

If sharia law continues spreading, you'll have less and less freedom of speech - so speak while you can!

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s