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Sharia Law and your divorce

If you are an American woman of Islamic ethnicity and your marriage is to another Muslim, you’re marriage may be subject to both state law, and to Shari’ah law. What that means is that you would almost need to get two divorces. One divorce would be pursuant to state civil law, and the other to Sharia law.

Sharia Law is interesting, because the power differential weighs heavily in favor of the man. It’s incredible. The man, usually, is the one with the unilateral power to divorce his wife, unless the wife can show abuse or something like her husband’s inability to consort with her due to physical failings that defy medical intervention.

The man can divorce his wife by simply saying, “I divorce you” three times. After such a divorce, the woman apparently has to remain living with the man for three months before she can leave. And if he again engages in copulatory activities with her, then it negates the divorce. Can you believe this?

In Islam, I heard that if the wife were caught committing adultery, she can be stoned to death. And as far as custody of the children go, after the age of seven, the father gets custody of the children.

Late last year, Britain apparently “endorsed” Sharia. In a report by Mail Online, I read the following: “The endorsement of sharia was announced to MPs by Bridget Prentice, a junior justice minister. She said the councils would still have no jurisdiction in England and that rulings by religious authorities had no legal force. But Miss Prentice added: ‘If, in a family dispute dealing with money or children, the parties to a judgment in a sharia council wish to have this recognised by English authorities, they are at liberty to draft a consent order embodying the terms of the agreement and submit it to an English court.”

I think if I understand what the article was saying, was that the Sharia courts do not necessarily have force of law. But if the findings of Sharia are then agreed upon by the parties in a divorce/matrimonial action, then a stipulation by the parties that is presented to the British court would be entered into the record and would then have the force of law.

But the British justice minister was careful to say that the provisions of the stipulation would have to comport with British Law before it was made a part of the courts’ records. So, no stoning to death for adultery thingy. And also, this idea that the father automatically gets custody of the children over seven? I’m not sure that that is what British Law dictates. Not to mention the fact that, according to Sharia, a husband can divorce his wife by text message, as occurred in Malaysia back in 2003. All that is required according to the Talaq requirement of the Sharia is that he says clearly and unequivocally, “I divorce you” three times.

It seems British law might require a more “personal notice.” Although, based on the post we did yesterday http://www.divorcesaloon.com/facebook-divorce-in-uk-neil-brady-v-emma-brady-worlds-first-electronic-divorce on what might have been the world’s first facebook divorce, maybe British Law and Sharia Law are a lot more similar than one might think.

(btw, according to Wikipedia, English common law, which is what American law is based, is said to have been inspired by “medieval Islamic Law.”)

ok. So where are we with this post? Dunno. Which is why I am going to bring it to a close. Now. That’s it. Done.

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