Democracy != Sharia
Think this will make it to CNNABCNBC OR FOX?Court denies Islamic divorceMan's attempt to circumvent state law is rejected
By Nick Madigan
Sun reporter
May 7, 2008Saying "I divorce thee" three times, as men in Muslim countries have been able to do for centuries when leaving their wives, is not enough if you're a resident of Maryland, the state's highest court ruled yesterday.
Yesterday, the Court of Appeals rejected a Pakistani man's argument that his invocation of the Islamic talaq, under which a marriage is dissolved simply by the husband's say-so, allowed him to part with his wife of more than 20 years and deny her a share of his $2 million estate.
The justices affirmed a lower court's decision overturning a divorce decree obtained in Pakistan by Irfan Aleem, a World Bank economist who moved from London to Maryland with his wife, Farah Aleem, in 1985.
Both of their children were born in the United States.
In 2003, Aleem's wife filed for divorce in Montgomery County Circuit Court.
When he filed a counterclaim, he did not object to the court's jurisdiction over the case, according to the ruling. But before the legal process could be completed - and without telling his wife - Aleem went to the Pakistani Embassy in Washington and invoked the talaq, in effect attempting to turn jurisdiction of the case over to a Pakistani court that later granted him a divorce.
When they were married in Karachi in 1980, Farah Aleem was 18 and had just graduated from high school. Irfan Aleem was 29, a doctoral candidate at Oxford University in England. As is customary, the couple signed a marriage contract. It obligated Aleem to give his wife the equivalent of $2,500 in the event of their divorce. When they split, he did so, and claimed he owed her nothing more.
Maryland's highest court disagreed.
"If we were to affirm the use of talaq, controlled as it is by the husband, a wife, a resident of this state, would never be able to consummate a divorce action filed by her in which she seeks a division of marital property," the judges wrote in their decision.
They said the talaq "directly deprives the wife of the due process she is entitled to when she initiates divorce litigation."
6 comments:
Maybe Fox news channel will air it, but I have a feeling the other major news channels won't.
Had Aleem actually gone to Pakistan for his talaq, the outcome might have been different. According to something I found for my post on this same topic":
Muneer Fareed, secretary-general of the Islamic Society of North America, said that if Aleem had traveled to Pakistan and invoked his talaq there, it might have been recognized in a U.S. court under the concept of comity, under which nations accept the premise of a law in another country "whether or not we agree with the law or its spirit."
So says, ISNA, anyway.
Still, that bit about "comity" might be the truth.
What do our courts here in the States do in that respect?
BTW, I did my post before I saw this one. Synchronicity!
Guy thinks he's smart, going to the Pakistani embassy, complete asshole from a barbarian culture...! I just hope the wife utilises AMERICAN justice and cleans that M**********R out! For being a primitive masogonistic piece of S**T I hope she gets all $2 million ....and then some. If you live in America the only law that matters is American (or state) law.....and yes even if you follow the religion of peace,,,that also includes you!
IF YOU CAN'T HANDLE THIS THEN LEAVE!!!
"Saying "I divorce thee" three times, as men in Muslim countries have been able to do for centuries when leaving their wives, is not enough if you're a resident of Maryland, the state's highest court ruled yesterday."
actually a man saying "I divorce you" three times would not be recognized as a divorce by any Muslim judge. It would merely start the divorce procedures (which then procede in several stages). A Muslim woman can initiate divore, it is called Khul'.
Dear Blogger,
so you ever do any further research before you post these articles? I guess not
I knew about Khul. I know there are actual court proceedings surrounding divorce in metropolitan areas.
In rural areas, it is likely divorce proceedings will be left to the local Imam.
And, no matter what, no matter who initiates the divorce, the woman is worth half that of the man in an Islamic court of law.
Right?
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