THE CHILDREN OF SHARI’A

Published in The Los Angeles Lawyer Magazine, April 2013: http://www.lacba.org/Files/LAL/Vol36No2/3028.pdf
The Family Law News, September 2013
The IAML, November 2013, http://www.iaml.org/library/articles/religious-divorce/index.html

In matters of child custody, child support and spousal support, Islamic nations apply civil and Islamic legal traditions differently

By: Abbas Hadjian, Esq., C.F.L.S.

THERE ARE TWO SOURCES of Islamic law, or shari’a. One is the Koran and Hadith . The other is the application of Ijma’a (consensus ), Qyias (comparison), and Aql (reason) to the source. After Muhammad’s death, two sects (Sunni and Shi’a) of Islam emerged. Sunni jurisprudence includes the Hanifi, Maliki, Shafi’i, and Hanbali schools, and Shi’a jurisprudence includes the Zaidayyah, Jafari, and Isma’iliah schools. Different Islamic nations apply Islamic laws of custody, visitation, and child and spousal support differently, and the laws are changing. Practitioners who work with Muslim clients can benefit from an understanding of how shari’a applies to family law issues, including child custody. Continue reading THE CHILDREN OF SHARI’A

NEW JERSEY: Cultural Intent vs. Criminal Intent

Moroccan Belief In Non-consensual Sex, Insufficient to Deny Restraining Order Bayonne, New Jersey(July 23, 2010): S. D. (Wife) requested an order for final domestic violence protection order against M.J.R. (Husband).  Both Husband and Wife are  Muslims and Moroccans. The Trial Court denied the order and found that  in punishing Wife and having non-consensual sex with her, Husband lacked the requisite criminal intent . . . → Read More: NEW JERSEY: Cultural Intent vs. Criminal Intent