Sharia [i.e. Islamic law] is not a book of statutes or judicial

precedent imposed by a government, and it’s not a set of

regulations adjudicated in court. Rather, it is a body of

[Qurʾān]-based guidance that points Muslims toward living

an Islamic life. It doesn’t come from the state, and it doesn’t

even come in one book or a single collection of rules. Sharia

is divine and philosophical.

“”-Asifa Quraishi-Landes, Senior Scholar at SHARIAsource, “Five Myths

about Sharia,” Washington Post, June 24, 2016.

We use real cases to show how U.S. Courts consider Islamic law. Like

any other legal framework, Islamic law defines and dignifies the private rites and

contracts that people of faith and ordinary citizens otherwise hold dear, including

matters of marriage and commerce. What do American judges do

when adjudicating a case in which at least one seeks to navigate these private

practices and their protections through Islamic law, in jurisdictions of U.S. law?

Case 3: Husein v. Husein and Husein, WL 842023

FACTS:

Appellant: Alice Appellee: Bob’s son and Eve*

Alice and Bob are married in Ramallah, West Bank, in 1970, “as documented by a marriage contract

issued by the Palestinian National Authority.” They move to the U.S. in 1970. Alice and Bob have

three children together.

Between 1982 to 1985, Bob and Eve have four children. Bob also fathers two children with another

woman.

In August of 1992, Bob travels to Israel for three weeks to divorce Alice. The Sharīʿa Court in

Ramallah issues a divorce certificate on August 17, 1992. The certificate shows that Alice is not

present when the divorce is enacted.

*Names have been changed.

FACTS #2:

Appellant: Alice Appellee: Bob’s son and Eve*

Alice hears rumors that Bob has divorced her; Bob denies this. Moreover, Alice has not

witnessed Bob declaring divorce in the way the Qurʾān prescribes.

Bob and Eve wed in a mosque in 1995 and obtain a marriage license from Stark County Probate

Court. Bob signs an affidavit in October of 1996 stating that he married Alice in 1970 and divorced

her in 1992 before marrying Eve in February of 1995. Alice and Bob continue to file joint tax

returns under the status of “married” for 1993–1995.

*Names have been changed.

FACTS #3:

Appellant: Alice Appellee: Bob’s son and Eve*

Bob is fatally shot in April of 2000.

But…who is his surviving spouse? Was Bob ever legally divorced from

Alice in the opinion of the American courts?

*Names have been changed.

FACTS #4:

Appellant: Alice Appellee: Bob’s son and Eve*

After Bob’s death, Alice flies to Israel/Palestine and requests the Silwad Municipality Court to issue

official documentation stating that Bob had remarried her in September of 1992.

Bob’s son (mother not stated in the case) files for a hearing with the Stark County Common Pleas

Court, Probate Division in Ohio to determine the heirs of Bob’s convenience stores and livestock

business.

Stark County declares the 1992 divorce between Bob and Alice (the one she claims to not have

known about) valid, and therefore Eve is the surviving spouse of Bob.

Alice appeals this ruling, and the case goes to the Ohio Appellate Court.

*Names have been changed.

Overview:

Stark County Common Pleas

Court’s Finding:

1) The divorce between Alice and Bob was

legitimate.

2) Eve is the surviving spouse.

Ohio Appellate Court’s Finding:

1) The issue is the validity of the divorce.

2) Ohio law does not give credence to foreign

divorces if the parties involved never

established residency in the foreign country.

3) If there is no evidence of what a foreign court

requires for proof of residency, Ohio

assumes the requirements there are the

same as in Ohio—six months of residency

leading up to divorce filing.

4) Alice and Bob did not live in Ramallah in the

immediate six months leading up to the

divorce.

5) The divorce was not valid.

6) ∴ Alice is the surviving spouse.

Because Ramallah was not an established place of residence for Alice and

Bob, the divorce was invalid.

Alice is the surviving spouse.

“[I]n the absence of proof of the residency requirements to obtain a divorce

in Ramallah, we must presume the law is the same as that of Ohio. Ohio

requires that the plaintiff in action for divorce shall have been a resident of

the state for at least six months immediately before filing the complaint. It is

clear from appellant’s passport that he was not in Ramallah for six months

prior to obtaining the divorce. As found by the court, the decedent was in

Israel from August 9 through August 27, 1992. The assignment of error is

sustained.”

Located at Harvard Law School, SHARIAsource is a team of

advisors, scholars, and editors dedicated to providing content and context

on Islamic law in a collective mission to organize the world’s information on Islamic

law in a way that is accessible and useful.