Court Rules Islamic Divorce Not Valid in MD

From those defenders of the faith at the Washington Post:

Islamic Divorce Ruled Not Valid in Maryland

Custom Allowing Men to End Marriage With Oral Declaration Lacks ‘Due Process’

By Ruben Castaneda
Thursday, May 8, 2008; B02

After his wife of more than two decades filed for divorce in Montgomery County Circuit Court, Irfan Aleem responded in writing in 2003, and not just in court.

Aleem went to the Pakistani Embassy in the District, where he executed a written document that asserted he was divorcing Farah Aleem. He performed “talaq,” exercising a provision of Islamic religious and Pakistani secular law that allows husbands to divorce their wives by declaring “I divorce thee” three times. In Muslim countries, men have used talaq to leave their wives for centuries.

But they can’t use it in Maryland, the state’s highest court decided this week.

The state Court of Appeals issued a unanimous 21-page opinion Tuesday declaring that talaq is contrary to Maryland’s constitutional provisions providing equal rights to men and women.

“Talaq lacks any significant ‘due process’ for the wife, its use, moreover, directly deprives the wife of the ‘due process’ she is entitled to when she initiates divorce litigation in this state. The lack and deprivation of due process is itself contrary to this state’s public policy,” the court wrote…

According to the Court of Appeals’ opinion, Irfan Aleem, who worked for years as an economist with the World Bank, is worth about $2 million, half of which Farah Aleem is entitled to under Maryland law. When Irfan Aleem tried to divorce his wife under the concept of talaq, a sum of $2,500 was mentioned as a “full and final” settlement, according to the appellate decision.

That amount was written into the marriage contract Farah Aleem signed the day she married him in their native Pakistan in 1980, according to the appellate decision. The contract was in accordance with Pakistani custom. At the time, he was 29 and she was 18. The couple moved to the Washington area in 1985…

Friedman said she thinks that Irfan Aleem, who retired in recent years, invoked talaq to avoid paying Farah half of his World Bank pension, which provides him with $90,000 annually, the attorney said.

“It will be very pleasant when [Farah] gets her share of that,” Friedman said. “She’s delighted about that.” …

Just wait until the Standing Committee On Fatwas gets wind of this heresy.

Heads will roll. Literally.

And of course their outrage won’t compare to those (other) true defenders of the faith at the ACLU.

Also, isn’t it nice to ponder how the US taxpayers’ hard earned dollars goes towards making these “economists” at the World Bank millionaires?

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