A 🧵compiling my 3 articles on the issue of Islamic divorce in North America.
They respectively address secular barriers to religious divorce, Islamic law's characterization of the issue & framework of solution, and qualitative findings from interviews with Canadian imams (1/10)
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1) "Faith-Based Divorce Proceedings" explores how family law disputes within the Canadian Muslim community are approached in both cultural and legal contexts. (2/10)
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It outlines the differences between the methods of Islamic marital dissolution and Canadian divorce procedures, and describes the judicial applications of Islamic contractual agreements related to deferred dowry payments. (3/10)
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The paper also examines ways to opt out of secular law under provincial restrictions on faith-based arbitration and mediation of religious contracts, and explores the potential for Islamic Alternative Dispute Resolution (ADR) to address (4/10)
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religious divorce and corollary relief issues while avoiding concerns regarding civil rights equalities.
An earlier version of this article received the 2021 John E VanDuzer Award for Family Law. (5/10)
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2) "Competing Authorities" examines the simultaneous obligations Muslims have towards two divorce schemes: a secular one and a religious one. Presuming that secular divorces are not considered as religious ones, (6/10)
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the paper analyzes different forms of Islamic legal authority that can grant religious divorce or annulment and mediate or arbitrate corollary relief using religious law. The absence of religious quasi-judicial dispute resolutions poses a challenge for Muslims seeking (7/10)
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a religious divorce or annulment and acquiring subsequent relief, such as financial settlements & custody, in accordance with their religious beliefs. It recommends a holistic framework to settle disputes in compliance with Islamic law and in a legally enforceable manner. (8/10)
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3) "Secular Court-Ordered Divorces: What Modern Fatāwā and Canadian Imams Say" presents an analysis of 15 fatwā issued by governmental and non-governmental bodies across the globe from 2000 to 2021, which opine on whether a secular divorce contested (9/10)
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by the husband qualifies as a valid Islamic divorce. It also includes qualitative findings from semi-structured interviews with 20 Canadian imams from 7 provinces. The findings narrate the imams' personal and organizational experiences in mediating marital disputes. (10/10)
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@YousefWahb
@salwanajmart
Have U looked @ 'dogma' individuals/sects w/in the Ummah & how that contributes 2 the conversation. I mention it bc our bruh, Othello was discussing the difficulties that aggravate Islamic Jurisprudence, Fiqh; a merging of marital norms/convergence of Muslim/Secular practices 👩👧👧
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