April 07, 2011 (Press-News.org) I Divorce You
Divorce, sadly, is not an all too uncommon experience in America. This is even true among the many immigrants or foreign residents of this country; those immigrants and foreign residents of our country also bring with them their cultural customs and religious practices. Many of the customs and practices also concern divorce, which, at times, conflict with the American legal system's notion of divorce.
Particularly, this is true amongst many immigrants or visitors who hail from countries that abide by Islamic laws (Sharia) and customs. 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.
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.
How American courts handle and recognize foreign divorce or family law decrees can be extremely complicated. It is important to seek out the legal guidance of an experienced attorney, well versed in international family law.
Article provided by Schwartz & Associates LLC
Visit us at http://www.pschwartzlaw.com
I Divorce You
Divorce, sadly, is not an all too uncommon experience in America.
2011-04-07
ELSE PRESS RELEASES FROM THIS DATE:
Social Security Attempting to Lower Wait for Disability Hearings
2011-04-07
Social Security Attempting to Lower Wait for Disability Hearings
Video Teleconferencing Helping Reduce Vast Backlog of Cases
You've been denied Social Security Disability (SSD) benefits or Supplemental Security Income (SSI). You've appealed. You wait to hear from the Social Security Administration (SSA) about when your hearing will be. Then you wait some more. And some more.
Just a few years ago, those attempting to get a hearing in front of an administrative law judge could wait over 3 years before the case was heard. While that wait time has been reduced, it ...
Are Distracted Driving Laws Saving Lives?
2011-04-07
Are Distracted Driving Laws Saving Lives?
Mixed Results amid a Flurry of States Banning Texting While Driving
The National Highway Traffic Safety Administration (NHTSA) has been focusing a large effort on reducing the number of distracted drivers, with special focus on banning texting and handheld phone use. The campaign is in full swing, but some data suggests that recent laws banning handheld devices and texting are not solving the problem.
Texting has by far received the most attention from state legislatures. Currently 30 states ban text messaging for all ...
Oddsmaker.com Announces Sponsorship of Drive To Survive ALS Benefit
2011-04-07
Oddsmaker.com has announced a sponsorship of the Drive To Survive benefit to raise support for individuals battling ALS, and to fund research into the disease. The Drive To Survive event is a benefit for Eric's Vision, a charity created by former USC football player Eric Scoggins, who was diagnosed with ALS in 2007. His first fundraising event in 2008 raised over $150,000. Oddsmaker.com joins other major sponsors such as Hilton Hotels & Resorts, Fox Sports Radio, and Culligan Water.
The two-day event includes a celebrity dinner, held on Sunday, April 10th in Burbank, ...
Timberspan Wood Products Presenting at the Edmonton Log and Cottage Show
2011-04-07
Timberspan Wood Products will be exhibiting at the Edmonton Log and Cottage Show. This show is the largest show for log and timber builders, development companies and real estate developers in Western Canada. This show will take place at Northland Expo Centre and Timberspan Wood Products will be exhibiting at booth #503 on April 8-10, 2011 presenting the finest in Douglas Fir timbers, beams and products.
Timberspan Wood Products manufactures custom Douglas Fir timbers and products in Prince George, British Columbia, Canada. Timberspan works with bridge builders throughout ...
2011 GRA/TAG Business Launch Competition announces Semifinalists
2011-04-07
The Georgia Research Alliance (GRA) and Technology Association of Georgia (TAG) are today announcing the semifinalists for the GRA/TAG Business Launch 2011. Preliminary Application Judges have selected 11 semifinalists to compete for $50,000 in cash and over $400,000 in services. The semifinalists for this year's competition are Arrivu, Telineage, Soket, Transaxion, TripLingo, Pave Systems, Merlin Mobility, AuditMyBooks, Nexpense, Soneter, Viscid Technology.
GRA/TAG Business Launch supports Georgia's burgeoning start-up community by helping local entrepreneurs launch ...
Authentic Designer Handbags Available Online
2011-04-07
Bella Bag has achieved a reputation as one of the foremost online sites offering the sale of new and pre-owned designer handbags, including Louis Vuitton, Chanel, Gucci, and others.
Whether new or gently used, each handbag or accessory is verified for its authenticity through careful inspection and analysis by an in-house staff of experts. In addition to offering bags for sale, Bella Bag also accepts consignments and trades of pre-owned designer handbags, and offers authentication services for consumers.
Many consumers may be confused due to the recent market saturation ...
MidAtlantic Contracting Offers Advice On How to Choose a Roofing Contractor
2011-04-07
Choosing a roofing contractor to install a new roof or fix a leak can be a daunting task. How do you know that you can trust your roofer to do a great job, to clean up afterwards, and to charge a fair price? Often, you will hire a roofing contractor when you have a roofing emergency—your roof is leaking and you need help as soon as possible. You need to know that the person on the other end of the phone is trustworthy. Here are some things to look for when choosing your roofing contractor.
What should you look for in a roofing contractor?
License
Licenses show ...
Florida Business, BDI Services, Revolutionizes Home Building Industry and Solves Chinese Drywall Epidemic
2011-04-07
BDI Services, Inc., the company who owns the only biochemical treatment scientifically proven to permanently neutralize toxic sulfur in Chinese drywall, announced that their company can not only offer permanent relief to millions of businesses and homeowners facing this problem, but also offer additional life-saving benefits in an environmentally safe solution.
When asked why this is such a revolutionary find, Founder Kevin Libby explains, "Until now, the only processes available by other companies could only cover up or temporarily hide the toxicity of the Chinese ...
Bencardino Excavating Completes Work on Camden Water Front Technology Center
2011-04-07
Bencardino Excavating, a Bucks County, Pa. excavation company, recently completed work on the Camden Water Front Technology Center in Camden, N.J.
The Bensalem, Pa. based excavation company was hired by Skanska USA Building Inc. to work on the parking lot infrastructure upgrade project at the Technology Center. The parking garage received new storm drainage, grading, curbs and paving. The project manager was Steve Borusiewicz and the foreman was Lou Biskup.
The 100,000-square-foot Technology Center was created to accommodate established businesses and startups in ...
Gateway Analytical to Debut Materials Analysis Services at MRS Spring Meeting
2011-04-07
Gateway Analytical, a new quality-focused analytical testing and consulting services company, will be exhibiting its materials characterization and industrial problem-solving services at booth number 431 at the Materials Research Society (MRS) Spring Meeting and Exhibit, April 25-29, Moscone West Convention Center, San Francisco.
A subsidiary of ChemImage Corporation, Gateway Analytical opened its doors for business in October last year at 4156 Kenneth Drive, Gibsonia, Pa., to expand ChemImage's contract service offerings. With a focus on quality, the company's scientists ...
LAST 30 PRESS RELEASES:
Scientists unlock secrets behind flowering of the king of fruits
Texas A&M researchers illuminate the mysteries of icy ocean worlds
Prosthetic material could help reduce infections from intravenous catheters
Can the heart heal itself? New study says it can
Microscopic discovery in cancer cells could have a big impact
Rice researchers take ‘significant leap forward’ with quantum simulation of molecular electron transfer
Breakthrough new material brings affordable, sustainable future within grasp
How everyday activities inside your home can generate energy
Inequality weakens local governance and public satisfaction, study finds
Uncovering key molecular factors behind malaria’s deadliest strain
UC Davis researchers help decode the cause of aggressive breast cancer in women of color
Researchers discovered replication hubs for human norovirus
SNU researchers develop the world’s most sensitive flexible strain sensor
Tiny, wireless antennas use light to monitor cellular communication
Neutrality has played a pivotal, but under-examined, role in international relations, new research shows
Study reveals right whales live 130 years — or more
Researchers reveal how human eyelashes promote water drainage
Pollinators most vulnerable to rising global temperatures are flies, study shows
DFG to fund eight new research units
Modern AI systems have achieved Turing's vision, but not exactly how he hoped
Quantum walk computing unlocks new potential in quantum science and technology
Construction materials and household items are a part of a long-term carbon sink called the “technosphere”
First demonstration of quantum teleportation over busy Internet cables
Disparities and gaps in breast cancer screening for women ages 40 to 49
US tobacco 21 policies and potential mortality reductions by state
AI-driven approach reveals hidden hazards of chemical mixtures in rivers
Older age linked to increased complications after breast reconstruction
ESA and NASA satellites deliver first joint picture of Greenland Ice Sheet melting
Early detection model for pancreatic necrosis improves patient outcomes
Poor vascular health accelerates brain ageing
[Press-News.org] I Divorce YouDivorce, sadly, is not an all too uncommon experience in America.