Marriage is a union of souls in the deepest sense. Allah joins these two souls together so that they may enjoy tranquility and stability in a marital home filled with sincere love and compassionate mercy. In Islam, the righteous woman is viewed as one of the joys of this life and a great blessing to a man for he comes home to her and relaxes after facing the struggles of life and finds with her incomparable peace, comfort and pleasure. The world is just a temporary conveniences and the best comfort in this world is a righteous woman. Islam regards marriage very highly and views femininity as something to be valued and cherished.

Islam also makes provisions for divorce. Just as with Judaism, specific attitudes and practices can vary substantially from tradition to tradition. At various times in Islamic history and in various Muslim societies, divorce rates have varied. In many Islamic societies, marriage has been taken as a violable legal contract. In the flourishing medieval Islamic world, marriage was closer to the modern industrialized world in frequency.

Even though marriage is based on mutual consent, but it is not always true that this consent prevails amongst them forever and for this reason the mutuality of the commitment starts quivering and relationships do fall apart, and that is where divorce comes in. In Islam divorce is completely demoralised. However, the Islamic law provides provisions for the termination of the marriage contract if the marriage commitment fails to work. The termination of the marriage contract can be initiated by any party that has decided that the other party cannot or will not satisfactorily fulfill the commitment in the marriage contract to provide enough physical, emotional, psychological and spiritual happiness for a state of tranquility. Islam encourages both the husband and wife to appoint such persons as to help with reconciliation (known as the “Qadhi” or “Qazi”), but if these attempts also fail, then the procedures for each are established in the Holy Qur’an.

If a man initiates the divorce process, it is termed as the “Talaq.” This type of divorce by the man’s hand can either be spoken or written three times. But after the repetition of “Talaq” three times, there is a waiting period of three months known as the “Iddat”. No type of sexual relationship can take place even if both individuals are still living under the same housing. This waiting period was developed to prevent any hasty decisions that were made with anger and to determine whether or not the wife has been impregnated before that Talaq took place. If the divorce proceeds onward, then the husband must pay in full whatever dowry or “Mahr” or “Sadaq”, a contractual gift from the husband to his wife that was promised to the wife in the marriage contract.

The controversy with divorce lies in the idea that men seem to have absolute power in divorce. But, it is clear in the Holy Qur’an because the Holy Qur’an states there is a “degree” of difference with regards to the rights of men and women in divorce, but it is not clear “how much” and “what” privileges a man is entitled to. This is what the jurists have interpreted. This point should also be taken in consideration that if the dissimilarity exists in part to the man who is financial supporter, then it must not be neglected that if the woman contributes or has a major financial input to the well being of the family that, likewise a man, this privilege should also apply to her. Today many of the divorce laws are the interpretations made by scholars that have relatively few references from the Holy Qur’an. As the circumstances are changing and so are human laws, likewise divorce laws have a tendency to adapt to dynamic circumstances.

On the basis of this view of marriage and of women, the Muslim is not attracted by the empty headed attitude displayed by some girls nowadays. Rather, he is attracted by a sound Muslim personality and he takes his time in choosing a partner for life. Looking for a partner who has the right Islamic characteristics which will make for a stable and happy married life. Therefore he is not interested in the superficial physical beauty, grace and elegance that are the sole concern of empty headed youngsters. While he does not ignore physical looks, he also looks for strong religious belief and practice, intelligence and good behaviour.

U.S. Courts do not apply Islamic Shari’a law because it violates the Establishment Clause set in the United States Constitution; they apply foreign law when necessary. 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. courts as “the doctrine of comity“.

In the area of Private International Law, Comity is a courtesy, amity, and reciprocity by U.S. courts towards court decision issued in other nations.  Such a consideration by U.S. courts does not entail an obligation to agree with the rulings of foreign judgments. There is therefore a distinction between the doctrine of comity and law.

Public International Law can become part of the national law when the country has its signature on that law, Private international Law however, does not have the same level of recognition by U.S. Courts. The issue of comity is raised in Islamic divorce cases when a person who resides legally in the United States travels to a foreign country and obtain a certificate of divorce from a religious court.

The intent is to obtain an instant divorce by pronouncing triple talaq (divorcing his wife three times in a few minutes.) Such an action leaves the wife with nothing more than a nominal deferred mahr, and takes advantage of the child custody, which discriminates against the women and to label the wife as bad Muslim.

The man then returns to the United States and serves his wife with divorce papers demanding the implementation of the divorce according to the Islamic Shari’a, claiming that the “doctrine of comity” applies to his case.

Generally, a judgment of divorce for example issued in a foreign country is recognized in the U.S. on the basis of comity, provided both parties to the divorce received adequate notice, i.e. service of process and, generally, provided one of the parties has a domicile in the foreign nation at the time of divorce, and the foreign court has given opportunity to both parties to present their case, and the trial was conducted upon regular proceedings after due citation or voluntary appearance of the litigants, and under a system of jurisprudence likely to secure an impartial administration of justice between the citizens of its own country, and those of other countries, an no prejudice towards either party and should not violate a strong U.S. principle of law, and the parties were present in court. The court may deny the application of comity if the judges deem the foreign laws is “repugnant” to U.S. principle of law.

An Islamic triple talaq differs substantially with respect to property division. Under Islamic Shari’a, wives may be entitled to a deferred mahr, which is, in most cases, much less than what U.S. courts order; above all, U.S. courts will not accept an Islamic divorce certificate obtained in a foreign country if the cause of action on which the divorce is based is “repugnant” to the public policy of the State in which the case is litigated.

Gabriel Sawma is Professor of Middle East Constitutional Law, Islamic Shari’a, Arabic and Aramaic. Expert on Islamic marriage contracts, Islamic divorce, child custody, inheritance, Islamic banking and finance. Editor of an International Law website: http://www.gabrielsawma.blogspot.com . Author of “The Qur’an: Misinterpreted, Mistranslated and Misread. The Aramaic Language of the Qur’an.” http://www.syriacaramaicquran.com. Author of an upcoming book on Islamic Divorce in US Courts. Email: gabrielsawma@yahoo.com

Republication of this article is permitted.

Everyone has horror stories about the Vallejo divorce process. People say that it takes years. People talk about spending huge and unexpected amounts of money on Vallejo family law firms. You hear about many instances where the divorce has harmed relationships with children, family, and friends. Many find that child support payments cause them to live as frugally as students until their children’s emancipation. Post-divorce problems can linger for years, even for a lifetime.

In a mediated divorce, the two divorcing parties meet with one mediator (usually, but not necessarily a service offered by Vallejo family law firms). You meet with a Vallejo family law firm a number of times. The Vallejo family law firm will to address and try to resolve the issues in your divorce. Vallejo family law firms hired in this capacity do not represent either of the parties. The Vallejo family law firms must be (and must be viewed by the parties as) an impartial, objective, fair third-party.

A mediated divorce (using advocate lawyers at relevant points) is the Camry of divorces. It’s solid, safe for the most part, and it can do almost everything you want. But the collaborative divorce is like a Prius. It has the most advanced resources at its disposal. It’s groundbreaking, and it can turn a sometimes dirty process into something that is a lot better for the environment.

The premise of collaborative divorce is to resolve the divorce though a series of meetings between the clients and their respective Vallejo family law firms. These four-way meetings, are actually what the courts require litigants to do prior to the trial in a litigated divorce.

So.., the main difference is that instead of you, your spouse and a Vallejo family law firm, you have you, your spouse and two Vallejo family law firms – one for each of you. The benefits of collaborative law are great. Better, more workable, and longer-lasting solutions are generated. Relationships with family are preserved. It is generally not more expensive than mediated divorces (with the advocate attorneys’ critical involvement.) It is generally much less expensive than litigated divorces.

I hope your brain isn’t spinning too much at this point. But here’s it in a nutshell, you can

- mediate

- have a collaborative divorce

- create a separation agreement.

- duke it our in court.

The first three are usually the best.

Before filing your dissolution, contact multiple Vallejo family law firms – or better yet, fill in our contact form and let us give you a list of the best Vallejo family law firms for your particular case. Divorce is quite emotional but, the court sees it strictly as a legal matter. The law is designed to be fair, and that’s all Vallejo family law firms are trying to do. Help you create a fair settlement.

It might be worthwhile to consult with our Vallejo family law firms. Fill out our contact form and let us help you.