Quote:
Originally Posted by superslug
There have been some cases where a divorce has been complicated because a couple had an Islamic wedding and so werent recognized in the eyes of the state and so didnt have the same rights as a regular married couple and the women has complained that she wasnt treated fairly by the Islamic council.
And dont get me wrong im not saying that this is common place but even if it is a rare instance it is still something to be concerned about.
These are the complications that makes me have reservations about these councils.
^^^ This is interesting. Arbitration presents a complicated legal issue. The rights of those agreeing to arbitration must be tracked and protected.
I'll give a little bit of background. Typically, arbitration arises because two businesses enter a business contract and they state that arbitration will be used in case they have a disagreement about something in the contract. The arbitration statement (clause) may even state what types of future potential disagreements are subject to arbitration. For other future potential disagreements, the companies are free to take their disagreement to regular courts.
Then they do, in fact, get into a disagreement about something in the contract. One party sues in regular court, asserting that the subject of the disagreement is outside the types of disagreements stated to be subject to the arbitration clause. The court must decide whether the subject of the disagreement is inside our outside the types of disagreements stated to be subject to the arbitration clause. If subject to the arbitration clause, then the court boots them out of court to go to arbitration. If not subject to the arbitration clause, then the court keeps the dispute in court and proceeds to decide the dispute.
All of that is background to say, should a woman seeking a divorce be forced to keep the divorce before the "arbitration" court (Islamic court), or should she be allowed to go before the normal courts?
I'm assuming that somehow (worst case for the woman), she usually has to agree in the marriage situation to agree that any divorce will be taken before the arbitration (Islamic court).
There is another issue. It is the relative power between the parties. Does public policy or equity or social justice require that the woman be allowed to take her case before the regular courts. I would like to know if women have tried this. Are they kicked out by the court saying you have to take this to the arbitrator (Islamic court)?
Quote:
Originally Posted by superslug
It cant be that I was mistaken. It must be that I am a Islamophobic liar who was trying to deceive people. How very charitable.
The divorce situation that I described above means that these Islamic courts are sometimes leading to women being treated badly and unfairly which is a cause for concern.
We don't even know that you were mistaken. Kerowo often resorts to calling people names. I would ignore that.