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  • Islamic Shari’a in Theory and Practice

    Islamic Shari’a in Theory and Practice

    >Excerpts of the lecture on “Islamic Shari’a in Theory and Practice” presented to the College at Florham Library and PubliMind Poll of Fairleigh Dickinson University, April 5, 2010. The speaker was Professor Gabriel Sawma.. You may see the lecture in its entirety at the following link: In 1979, the Soviet Union invaded Afghanistan for […]

  • The khul’ divorce in Egypt

    The khul’ divorce in Egypt

    > ‘Let’s talk about sex, divorce’ in Egypt By Olivia Sterns for CNN   Egyptian couples arrive at a Cairo stadium for a collective wedding organised by Karme el-Islam association in 2007. STORY HIGHLIGHTS Once taboo, sex and divorce are now popular topics in Egyptian media Women are voicing these issues on blogs, talkshows and […]

  • Annulment of Islamic Marriages

    Annulment of Islamic Marriages

    >According to Islamic jurisprudence, a man can divorce his wife at any time, in any place, and for any or no reason. However, a woman is given the right to request the religious judge (qadi) to annul (faskh) her marriage if she can prove that the marriage exhibits certain defects that make achieving the purposes […]

  • >Islamic Marriage Contract in the Hanafi Jurisprudence

    >Islamic Marriage Contract in the Hanafi Jurisprudence

    >The Hanafi School of Jurisprudence is one of the four Schools in Sunni Islam. It was founded by Nu’man abu Hanifa (d. 767) in Kufa in modern Iraq. Abu Hanifa (father of Hanifa) is considered one of the “tabieen” (followers) of the companions of the Prophet Muhammad. He had the good fortune to have lived […]

  • >The Jihaz in Islamic marriages

    >The Jihaz in Islamic marriages

    >Jihaz (dowry) or trousseau is the amount of clothes, household linen, furniture and other belongings contributed by the bride and/or her family to the marriage. It has to be distinguished from the mahr, which is an agreement between the wali (guardian) of the bride and her future husband by which the groom pays certain sum […]

  • >The Nafaqa in Islamic Marriage

    >The Nafaqa in Islamic Marriage

    >Under Islamic Shari’a, a man is obligated to support his wife with food, clothing, and shelter. His obligation starts as soon as the marriage is consummated. This article discusses the issue of nafaqa in the Islamic marriage. In Islamic Shari’a, nafaqa is defined as an obligation of material support for the wife and children. This […]

  • >The Mahr Provision in Islamic Marriage Contracts

    >The Mahr Provision in Islamic Marriage Contracts

    >In recent years, many Islamic divorce cases were litigated in the United States family courts. The issue of mahr in the Islamic marriage contracts became subject of debate among lawyers and scholars. This article sheds lights on the Islamic mahr in USA. Mahr is the amount of money, or its equivalent, paid by the husband […]

  • >Indian Divorce in U.S. Courts

    >Indian Divorce in U.S. Courts

    > Many Indian nationals had their marriage in India and domicile in the United States. They travel back to India for the purpose of obtaining divorce certificates. The issue of jurisdiction becomes important factor for the recognition of their foreign divorce judgments in the United States. This article analyzes this issue. In most circumstances, a […]

  • >Islamic Divorce in U.S. Courts

    >Islamic Divorce in U.S. Courts

    > Islamic Divorce Obtained in a Foreign Country U.S. Courts do not apply Islamic Shari’a law because it violates the Establishment Clause set in the United States Constitution; American Courts do apply foreign law in certain cases involving international principle known as “conflict of Laws,” or “Private International Law.” This is referred to in U.S. […]