Contact Us Home Following the independence of Muslim countries, they introduced family laws in the areas of marriage, divorce, custody of children and inheritance. Over the centuries, Muslim jurists constructed a body of legal interpretations Arabic FIQH of the Quran and Hadith traditions which include sayings and deeds attributed to the Prophet of Islam. A lawyer who graduates from law schools in such countries is equipped with the knowledge of Islamic family law and its application in the United States. Accordingly, when Muslims marry, they enter into a marriage contract.
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Contact Us Home Following the independence of Muslim countries, they introduced family laws in the areas of marriage, divorce, custody of children and inheritance.
Over the centuries, Muslim jurists constructed a body of legal interpretations Arabic FIQH of the Quran and Hadith traditions which include sayings and deeds attributed to the Prophet of Islam. A lawyer who graduates from law schools in such countries is equipped with the knowledge of Islamic family law and its application in the United States.
Accordingly, when Muslims marry, they enter into a marriage contract. One of the chief features of this contract is the mahr agreement or sadaqa, a sum of money that the husband agrees to pay to his wife. Are these contracts enforced in the United States?
Should the mahr agreements honored by U. Should the mahr provision in Islamic marriage be treated as a prenuptial agreement? After all Muslim conception of marriage is based on a contract between the parties. Another issue faces U. The Supreme Court agreed with our opinion and handed down a judgment recognizing the foreign divorce as valid.
Under the circumstances presented, the Supreme Court properly recognized so much of the foreign judgment of divorce as incorporated the mahr agreement under the principles of comity, as no strong public policy of New York was violated thereby see Greschler v Greschler, 51 NY2d ; Rabbani v Rabbani, AD2d The husband obtained a court judgment from Saudi Arabia granting him custody of his two daughters.
The Court in Allegheny, Pennsylvanian agreed with our argument that Saudi Arabia does not have jurisdiction, and the custody order violates Pennsylvania public policy and that Saudi Arabia is in violation to international human rights treaties.
Every girl and woman must have a guardian under Saudi Arabia law. Professor Sawma further testified that under Saudi Arabian custody law, once a female child has obtained the age of 7, the father is automatically granted sole custody of the child, and under no circumstances would a mother be granted custody once a female child is over the age of 7.
Because Mother would have no opportunity to gain custody of the Children in Saudi Arabia, and Father could refuse to sponsor her entry into Saudi Arabia, Father could potentially prevent Mother from seeing the Children again.
Once published, I will post the link online. Abduction of children to Muslim majority countries, and fear of parental abduction. Custody of children in Muslim majority countries. Abduction of children or fear of parental abduction to Iran.
Islamic marriage, divorce, custody and abduction or fear of abduction to Muslim majority countries. Professor Gabriel Sawma is a lawyer with Middle East background, and a nationally recognized expert consultant on Islamic marriage and divorce in USA, with over 40 years experience in International Law, mainly, recognition and enforcement of Islamic and Hindu divorces in USA.
His expertise helped clients, attorneys and judges understand the nature of the mahr agreement in an Islamic marriage contract and its application in the United States and Canada.
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Stephen Kallabat Fr. Stephan Kallabat was born in Telkaif, Iraq. After completing seven years of scholarly work for the priesthood in Mosul, Iraq Fr. Kallabat was accepted at the prestigious university in Rome. There he spent six additional years of scholarly work in the areas of philosophy and theology and an additional four years in scriptural studies.
About Gabriel Sawma
These massacred resulted in killing innocent men, women and children while praying. Abrogation in Islam is one major cause for the atrocities that Muslim fundamentalists have against non-Muslims in general, and the Christian communities in the Islamic world, in particular. This article addresses the persecution of Christians under Islam within the doctrine of abrogation. Introduction The acts of pre-meditated massacres committed by Muslim extremists against Christians in the Muslim world, has become a phenomenon that needs to be addressed by the United Nations and the Arab League as well as the United States, Europe, and other nations. We have seen the massacre of Christian worshippers by Muslim extremists in late October of in the church of Our Lady of Salvation in Baghdad. In the New Year, the world witnessed another massacre against Christians in the Church of the Saints in Alexandria, Egypt, committed by Muslim extremists.
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See procedural and background of the case S. Following that, the parties married in an Islamic ceremony in compliance with Islamic law, also in the State of New York. Two children were born of the marriage, a girl, born on July 12, , and a boy, born on August 3, Both children were born in the United States. In , the defendant husband received an employment in the emirate of Abu Dhabi UAE , and decided to move there. The plaintiff wife and children remained in the U. Domestic Violence in Abu Dhabi While in Abu Dhabi, the plaintiff initiated criminal proceedings against the defendant following an incident of domestic violence that occurred on January 28,