Thursday, January 16, 2014

Egyptian Islamic Divorce in USA


By
Prof. Gabriel Sawma

Chronology
The family laws for the Muslim community in Egypt are not codified in one law; they are scattered among different laws.  Islamic law, however, remained the most important element to family law. The law of Qadri Basha from the 19th century, which was based on the Hanafi School of Sunni  Jurisprudence, although never officially adopted as legislation, it served, nevertheless, as the major reference for Egyptian Shari’a courts, as well as for the courts of other Middle Eastern countries. Since the last quarter of the nineteenth-century, Egyptian legislature enacted reforms in several laws effecting important changes to the law of Qadri Basha.

Among those reforms undertaken were Law No. 25 of 1920 and Law No. 25 of 1929. Under these two laws, the legislators recognized four situations in which a woman could sue for divorce: (1) husband’s failure to provide nafaqa (maintenance); (2) contagious or dangerous disease of the husband; (3) desertion; and (4) maltreatment by the husband. Such reforms were done outside the scope of the strict Hanafi teachings and adopted the more liberal and equitable teachings of the Maliki School. Muslim Egyptian jurists call it “takhayyur”, or selection. For more on Women’s divorce laws in Egypt, see our article on this link:

Islamic Egyptian Divorce Initiated by Men
A Muslim Egyptian man can divorce his wife unilaterally by a simple declaration of divorce made before a civil state officer called ma’dhun. The husband does not have to justify his decision, nor give a valid reason for divorce. The law of 1920 requires the husband’s intention to divorce his wife, and makes the divorce illegal if the husband attaches a condition to his utterance of divorce, or pronounces the divorce under duress. In the older version of the Egyptian family law of Qadri Basha, the code stipulated, in fact and expressly, that “repudiation (i.e. divorce) pronounced even under duress or by joke will produce its legal effects.” The older version likewise considered as valid “any repudiation pronounced by a husband in case of willful drunkenness caused by a forbidden drink.” But that law has been amended. Under the current law in Egypt, it would be illegal for a man to divorce his wife in a state of intoxication, or under duress.

Under the old law, a Muslim Egyptian husband was allowed to divorce his wife by stating three times, consecutively, “I divorce you”. Such a triple divorce made in one time is equivalent, under Law No. 25/1929 to a single, revocable divorce. Thus, to be considered irrevocable, a triple divorce must be done in three separate pronouncements, not in one sitting.

Registration of Divorce
Since 1985, the Egyptian law requires the divorce to be registered by a state official called ma’dhun, such registration should be done within thirty days after it was announced. The ma’dhun must inform the ex-wife in person through a process of notification. Before 1985, notification to the wife was not required; she would know about the divorce by someone else, or following the death of her husband and finding herself denied inheritance from his will. As a result, and under those conditions, the children born of the marriage were considered illegitimate. Article 23 of Law No. 100/1985 stipulates that if the husband does not follow these procedures, he will be subject to a prison term of up to six months and/or a fine not to exceed 200 Egyptian Pounds. The ma’dhun also risks imprisonment and fine if he violates these procedures; he can also be dismissed or suspended from his job up to one year.
No special expressions are necessary to constitute a valid divorce; but it is necessary that the words used must indicate clearly the intention of the husband to divorce his wife.

Recognition of Islamic Divorce Obtained from Egypt
A divorce decree obtained in a foreign jurisdiction by resident of the United States is entitled to recognition under the principle of comity, unless the decree offends public policy of the state in whose jurisdiction recognition is sought, and the court who issued the foreign divorce judgment must have jurisdiction over the divorce. The courts in the United States will generally accord recognition to the judgments of divorce rendered in a foreign country under the doctrine of comity, which is the equivalent of full faith and credit given by the courts to judgments of a sister state.

Comity means courtesy, respect, or mutual accommodation; in practical terms, it means that each state can decide for itself which foreign country judgment it will recognize and which it won’t. According to this doctrine, a U.S. court has the inherent power to recognize and enforce a foreign judgment of divorce unless there is some defect of jurisdiction shown to be against the public policy of the state. Absent some showing of fraud in the procurement of the foreign country judgment, or that recognition of the judgment would violate a strong public policy of the state, the court may recognize a foreign divorce judgment.

In considering whether public policy of the state is violated, the court should consider the validity of the foreign court’s jurisdiction over the parties and the similarity of the grounds for divorce with those which would be permitted in that state. And, if not, whether the grounds for divorce are repugnant to public policy of the state or not.
As Expert Consultant on Islamic divorce obtained from the Middle East, Central Asia and other Islamic nations, this author has been privileged to have been able to defend clients, successfully, by submitting legal opinions and affidavits in their support on issues related  to Islamic divorce to State and Federal Courts and to Immigration Boards in the United States. Some of these cases have been reported by major U.S. law journals.

As Expert Consultant on Islamic divorce obtained from the Middle East, Central Asia and other Islamic nations, this author has been privileged to have been able to defend clients, successfully, by submitting legal opinions and affidavits in their support on issues related  to Islamic divorce to State and Federal Courts and to Immigration Boards in the United States. Some of these cases have been reported by major U.S. law journals.

Following is a landmark case at New York Supreme Court of Westchester County, in which this author submitted an affidavit on behalf of a client. The honorable Court agreed with our argument and granted the client recognition of a divorce decree obtained in Abu Dhabi, including custody of children and a mahr of $250,000. You may read the judgment of the Supreme Court on the following link:

DISCLAIMER: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific or legal advice on the information provided and related topics, please contact the author.

Gabriel Sawma is a lawyer with Middle East background, and a recognized authority on Islamic law of marriage, divorce and custody of children; Professor of Middle East Constitutional Law and Islamic law; Expert Consultant on Islamic divorce in US Courts and Canada; admitted to the Lebanese Bar Association; former Associate Member of the New York State Bar Association and the American Bar Association.

Prof. Sawma lectured at the American Academy of Matrimonial Lawyers (AAML) in New York State and wrote many affidavits to immigration authorities, Federal Courts, and family State Courts in connection with recognition of Islamic foreign divorces in the U.S. He also travelled to Saudi Arabia and the Arabian Gulf States, and wrote extensively on Islamic divorce in USA and abroad. Interviewed by:


Contact Information:
Tel. (609) 915-2237

Or visit our websites at the following links:

For more information on the author, please see this link:


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Name : Cathal Mc Hugh
E-mail : Cathalmchugh0700@gmail.com
Skype id : Cathalmchugh0700@gmail.com

Anatilia TexTile Ltd said...

We offer the following types of loans

*Debt Consolidation Loans *Business Loans *Personal Loans *Home Loans *Car Finance *Commercial Loans *Investments Loans *Debts Consolidation *Business Planning *Commercial Development Finance *Properties Mortgages *Bad credit loans *commercial loans *Start-up- working capital loans *Construction loans *Car loans, *Hotel loans*Student loans
Mrs. Pranchment Dura

Good Day Dear Loan Seeker,
Contact Email : bdsfn.com@gmail.com
Contact Email : anatiliatextileltd@gmail.com
Mrs. Pranchment Dura

John Milton said...

- Do not need to leverage any assets to acquire capital
- No Upfront fee or unnecessary garbage fees
- 2% interest rates for the duration of the loan
- Funds can be used same as cash.
- Quick approval process

Coltec Finance Company Limited: Company Registration No
04509708
Direct: +44 (203) 514-5348
Email: loans@coltecfinancecompany.com
Website: https://www.coltecfinancecompany.com

Unknown said...

WE OFFER ALL KIND OF LOANS - APPLY FOR AFFORDABLE LOANS.

Are you a business man or woman? Are you in any financial mess or Do you need funds to start up your own business? Do you need a loan to start a nice Small Scale and medium business? Do you have a low credit score and you are finding it hard to obtain capital loan from local banks and other financial institutes?. Interested applicants should Contact us via email: PergoCF@cheerful.com ( PergoCF@qualityservice.com ) PergoCF@gmail.com

Our loans are well insured for maximum security is our priority, Our leading goal is to help you get the services you deserve, Our program is the quickest way to get what you need in a snap. Reduce your payments to ease the strain on your monthly expenses. Gain flexibility with which you can use for any purpose from vacations, to education, to unique purchases. Interested applicants should Contact us via email: PergoCF@cheerful.com ( PergoCF@qualityservice.com ) PergoCF@gmail.com

We offer a wide range of financial services which includes: Business Planning, Commercial and Development Finance, Properties and Mortgages, Debt Consolidation Loans, Business Loans, Private loans, Home Refinancing Loans with low interest rate at 1.00% per annul for individuals, companies and corporate bodies. Get the best for your family and own your dream home as well with our General Loan scheme. Interested applicants should Contact us via email: PergoCF@cheerful.com ( PergoCF@qualityservice.com ) PergoCF@gmail.com

WE OFFER ALL KIND OF LOANS - APPLY FOR AFFORDABLE LOANS.

Please, contact us for more information: PergoCF@qualityservice.com ( PergoCF@gmail.com ) PergoCF@cheerful.com
Kindly write us back with the loan information;
- Complete Name:
- Loan amount needed:
- Loan Duration:
- Purpose of loan:
- City / Country:
- Telephone:
- How Did You Hear About Us:

If you are interested to get a loan then kindly write us with the loan requirement. Please, contact us for more information: PergoCF@qualityservice.com ( PergoCF@gmail.com ) PergoCF@cheerful.com

Yours Sincerely,
Mr. Ren Hya
PergoCF@qualityservice.com ( PergoCF@gmail.com ) PergoCF@cheerful.com
We look forward to hear from you ASAP
Interested applicants should Contact us via email: PergoCF@qualityservice.com ( PergoCF@gmail.com ) PergoCF@cheerful.com

Jamesterra said...

IQ FINANCE PLC provides a full financial planning service to both the commercial and domestic markets. At IQ FINANCE PLC we believe that financial planning is about two things: creating wealth and protecting wealth. These two objectives are at the heart of everything we do. And, as a member of IQ FINANCE Services, we give you a small-company service but with a large-company set up – the best of both worlds.

You are at liberty to engage our leased facilities into trade programs as well as in signature project(s) such as Aviation, Agriculture, Petroleum, Telecommunication, construction of Dams, Bridges and any other turnkey project(s) etc. Our terms and Conditions are reasonable.

Leasing Price : 4%+2%
Buying Price: 32%+2%

Contact us for more details on our terms and procedure of transaction.

Jamesolsen Terrazas
email : info.iqfinanceplc@gmail.com
skype: cpt_young1

Robert Francis said...


We are direct providers of Fresh Cut BG, SBLC and MTN which are specifically for lease/sales, our bank instrument can be engage in PPP Trading, Discounting, signature project(s) such as Aviation, Agriculture, Petroleum, Telecommunication, construction of Dams, Bridges, Real Estate and all kind of projects. We do not have any broker chain in our offer or get involved in chauffeur driven offers.

We deliver with time and precision as sethforth in the agreement. Our terms and Conditions are reasonable, below is our instrument description.

The procedure is very simple; the instrument will be reserved on euro clear to be verified by your bank, after verification an arrangement will be made for necessary bank documents and stock testing expenses, the cost of the Bank Guarantee/Standby Letter of Credit will be paid after the delivery of the MT760,

Description OF INSTRUMENTS:

1. Instrument: Bank Guarantee (BG/SBLC)
2. Total Face Value: Eur/USD 5M MIN and Eur/USD 10B MAX (Ten Billion EURO/USD).
3. Issuing Bank: HSBC Bank London, Barclay's bank London,Credit Suisse and Deutsche Bank Frankfurt.
4. Age: One Year, One Month
5. Leasing Price: 6% of Face Value plus 2% commission fees to brokers.
6. Delivery: Bank to Bank swift.
7. Payment: MT-103 or MT760
8. Hard Copy: Bonded Courier within 7 banking days.

We are ready to close leasing/Buying with any interested client in few banking days, if interested do not hesitate to contact me.(WE MOVE FIRST).

Regards,
Robert Francis,
Skype: robfrancis7
+447546769978
+447031956543
Email: robertfrancis767@gmail.com

financialcertaintyco said...

Are you looking for financing source such as Bank Guarantee (BG) and Standby Letter Of Credit (SBLC)?
I am a direct mandate to a Financial Institution who is also known as private lender specialized in the Lease of Bank / Financial Instruments in the form of Bank Guarantees (BG), Standby Letter of Credit (SBLC), Documentary Letter of Credit (DLC), Letter of Credit (LC), Performance Bonds (PB);
Whether you are new starting up, medium or large establishment that needs a financial solution to fund/get your project started or an established business looking for extra CAPITAL to expand your operations, our company renders all the credible and trusted bank guarantee providers who are willing to fund and give financing solutions that suits your specific business needs.

We help/assist you secure SBLC and bank guarantee (BG) for your trade and investment from world ranked Banks such as; HSBC, Barclays Deutsche Bank Frankfurt, and Any A rated Bank in Europe e.t.c

DESCRIPTION OF INSTRUMENT:

(1) Instrument: Bank Guarantee {BG} /StandBy Letter of Credit.{SBLC} (Appendix A).

(2) Total Face Value: Eur/USD 1M{Minimum} to Eur/USD 10B{Maximum}.

(3) Issuing Bank: HSBC Bank London, Credit Suisse and Deutsche Bank Frankfurt.

(4) Age: One Year and One Day.

(5) Leasing Price: 5% of Face Value plus 2% commission.

(6) Delivery: bank to bank SWIFT MT-799 and/or MT-760.

(7) Payment: MT103 (TT/WT).

(8) Hard Copy: Bonded Courier Service.

RWA ready to close leasing with any interested client in few banking days
We will be glad to share our working procedures with you upon request to help us proceed towards closing deals effectively.

For further inquiry contact
Email : Saban.financialbg@gmail.com
Skype : Saban.financialbg

Fred Stones said...

We can help facilitate the financial service bank instrument SBLC /BG, We remain the best financial consulting company with years of experience in the international and local finance market.

We have become the hallmark of excellent service in this industry with trusted and genuine FCA registered SBLC Providers who have truly succeeded in creating significant value for all clients and brokers involved in leasing or purchasing sblc .

We issue from Top rated world Banks and also work with brokers and agents with 100% healthy commissions paid on every deal.

Leasing SBLC : 4% +2%

Purchasing SBLC : 32% +2%

DESCRIPTION OF INSTRUMENTS:

1. Instrument: Bank Guarantee (BG/SBLC)

2. Total Face Value : Please inform us

3. Issuing Bank: HSBC, Barclays London or Deutsche Bank Frankfurt or any Top 25 WEB

4. Age: One Year, One Day

5. Leasing / Selling SBLC / BG

6. Delivery: SWIFT MT799/MT760.

7. Payment: MT-103.

8. Hard Copy: Bonded Courier within 7 banking days.

All relevant business information will be provided upon request and we are ready to forward to you the DOA/CONTRACT of work once you inform us if you will be Leasing or Purchasing.

Best Regards

NAME;Fred Stones
E MAIL;premiumfinanceserviceltd@gmail.com .skype:fredforrealasurance403