Download this Paper Open PDF in Browser

No Altars: A Survey of Islamic Family Law in United States

WOMEN'S RIGHTS AND ISLAMIC FAMILY LAW: PERSPECTIVES ON REFORM, Zed Books, 2004

Univ. of Wisconsin Legal Studies Research Paper Series No. 1236

29 Pages Posted: 20 Dec 2009 Last revised: 10 Oct 2013

Asifa Quraishi-Landes

University of Wisconsin Law School

Najeeba Syeed-Miller

Independent

Date Written: December 16, 2009

Abstract

American judges have been judging Muslim divorces in state courts for years, creating a body of case law that not only involves Islamic family law doctrines, but also reveals interesting insights about American Muslim marriage practices generally. This article reviews the holdings in some published cases, exploring questions of overlapping jurisdictions (state and religious law), and how enforcement of Islamic contract-based claims such as the mahr (bridal gift) have fared in American courts. The article draws from interviews with lawyers, social workers, and imams who have advised American Muslims negotiating the process of marriage and divorce in the United States. A brief survey of relevant literature, as well as some suggestions for future practice, is interwoven in the presentation.

Keywords: divorce, Muslim, Muslim divorce, Islamic family law, American Muslim, jurisdiction, Islamic contract, mahr

JEL Classification: K4

Suggested Citation

Quraishi-Landes, Asifa and Syeed-Miller, Najeeba, No Altars: A Survey of Islamic Family Law in United States (December 16, 2009). WOMEN'S RIGHTS AND ISLAMIC FAMILY LAW: PERSPECTIVES ON REFORM, Zed Books, 2004; Univ. of Wisconsin Legal Studies Research Paper Series No. 1236. Available at SSRN: https://ssrn.com/abstract=1524246

Asifa Quraishi-Landes (Contact Author)

University of Wisconsin Law School ( email )

975 Bascom Mall
Madison, WI 53706
United States

Najeeba Syeed-Miller

Independent

No Address Available

Paper statistics

Downloads
275
Rank
93,088
Abstract Views
1,577