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Last week, the highest court in the state of Maryland ruled that the Muslim’s traditional way of finalizing a divorce is not acceptable in the United States.
The Court of Appeals reportedly rejected a Pakistani man’s argument that the traditional way to leave your wife in Islam should be acceptable in America.
Husband Takes Action
According to Irfan Aleem, men in Muslim countries can simply say “I divorce thee” three times and their divorce with their wives is finalized.
When Irfan Aleem’s wife, Farah, filed for a divorce, Irfan tried to counterclaim his wife and went to the Pakistani Embassy in Washington attempting to turn jurisdiction of the case over to the Pakistani court.
Maryland Court Denies Man’s Case
Although the Pakistani court granted Irfan the divorce citing the traditional Islam way as being suitable, the court of Maryland disagreed with the ruling and rejected his case.
“If we were to affirm the use of Muslim traditions, controlled as they are by husbands, a wife, would never be able to consummate a divorce action filed by her in which she seeks a division of marital property,” explains the several judges who joined to make the final decision.
Islamic Law Expert Voices Opinion
“The theory of Islamic law is that the man has the right and that the woman has to ask for it, but what’s fascinating is that in practice, Islamic divorce is evolving to fit contemporary mores,” says Julie Macfarlane, a professor of law and expert in Islamic law. “Women are asking for divorce now. Two decades ago, they were not.”
(Source: Baltimore Sun)
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