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Divorce

Type: News

Country: 
India
News Date: 
05/05/2017
Summary: 

Yet, in a country where ending a marriage is still frowned upon, under India’s Muslim Personal Law, if you are a married man, a divorce is quicker than preparing a Cup-a-Noodles. Just utter the word “talaq” three times and ping, your marriage is done. In its most twisted form, the “triple talaq” can even be announced via WhatsApp.

Country: 
United Kingdom of Great Britain and Northern Ireland (the)
News Date: 
22/02/2017
Summary: 

A devout Muslim who said he had been married under Sharia law and could not be divorced in UK has lost a High Court fight.

The man's wife, who has dual British and Pakistani nationality, had issued a petition for divorce in England.

But the man said divorce could only be approved in Pakistan.

A judge has dismissed his claim after a hearing in the Family Division of the High Court in Birmingham.

Mr Justice Francis said the woman lived in England and had a right to seek a divorce in England.

Type: Opinion

Summary: 

The United Kingdom is on taking a first step toward a parallel legal system for Muslims, and garnering applause for it.

Both the Guardian and the Telegraph have recently lauded a new Muslim marriage contract drawn up by a group of British Muslim organizations as a breakthrough in Muslim women's rights in the UK. Urmee Khan of the Telegraph announced with unabashed aplomb: "Hailed as the biggest change in Sharia law in Britain for 100 years, a married Muslim couple will now have equal rights." And the Guardian's Samia Rahman claimed that "A new Islamic marriage contract sets aside cultural practices, giving women the rights they are due under sharia law".

But if this new marriage contract was required to give Muslim women equal rights, how can these rights have already been enshrined in the shari'a? There are two important claims to distinguish here: that the shari'a gives women equal rights in marriage and divorce matters, and that this new contract is consistent with the shari'a in giving women these rights. But how valid are these bold assertions?

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