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Islamic instant divorce 'not legal' under EU law, says ECJ | Islamic instant divorce 'not legal' under EU law, says ECJ |
(35 minutes later) | |
A Syrian-born man who divorced his wife in a Sharia court has been told by Europe's top court that the divorce is not legally valid in Germany, where the former couple now live. | |
The European Court of Justice said EU countries need not legally recognise divorces not granted by a state court. | The European Court of Justice said EU countries need not legally recognise divorces not granted by a state court. |
Some Muslims believe men can end their marriage instantly by saying "talaq" (divorce) three times. | Some Muslims believe men can end their marriage instantly by saying "talaq" (divorce) three times. |
This is the ECJ's first ever ruling on the subject. | This is the ECJ's first ever ruling on the subject. |
What's the case about? | What's the case about? |
The couple married in 1999 in the Syrian city of Homs before eventually moving to Germany. They hold both Syrian and German nationality. | |
In 2013, the husband ended the marriage in a Sharia court in the Syrian city of Latakia by having a representative repeating "talaq". The ECJ calls the measure "private divorce", as a state authority is not involved. | In 2013, the husband ended the marriage in a Sharia court in the Syrian city of Latakia by having a representative repeating "talaq". The ECJ calls the measure "private divorce", as a state authority is not involved. |
The wife acknowledged the divorce in writing, but contested it after the former husband applied for its recognition in a court in the German city of Munich. | The wife acknowledged the divorce in writing, but contested it after the former husband applied for its recognition in a court in the German city of Munich. |
The court then referred the case to the ECJ, asking for clarifications over the interpretation of the EU divorce law pact, known as the Rome III Regulation. | The court then referred the case to the ECJ, asking for clarifications over the interpretation of the EU divorce law pact, known as the Rome III Regulation. |
What's ECJ ruling? | What's ECJ ruling? |
The ECJ said the regulation "does not apply, by itself, to the recognition of a divorce decision delivered in a third country". | The ECJ said the regulation "does not apply, by itself, to the recognition of a divorce decision delivered in a third country". |
It added that a unilateral declaration of divorce before a religious court does not fall under the scope of the regulation, and said the case must be resolved under German law. | It added that a unilateral declaration of divorce before a religious court does not fall under the scope of the regulation, and said the case must be resolved under German law. |
The ECJ does not decide the dispute itself, and the court in Munich will take a final decision on the issue. | The ECJ does not decide the dispute itself, and the court in Munich will take a final decision on the issue. |
What's instant divorce? | What's instant divorce? |
Triple talaq divorce has no mention in Sharia Islamic law or the Koran, even though the practice has existed for decades. | Triple talaq divorce has no mention in Sharia Islamic law or the Koran, even though the practice has existed for decades. |
Islamic scholars say the Koran clearly spells out how to issue a divorce - it has to be spread over three months, allowing a couple time for reflection and reconciliation. | Islamic scholars say the Koran clearly spells out how to issue a divorce - it has to be spread over three months, allowing a couple time for reflection and reconciliation. |
Why must "talaq" be said three times? Under some interpretations of Islamic law, a man can divorce his wife and get back together with her - but only twice. After the third divorce, the marriage is completely over and cannot be started again without an intervening marriage to someone else. | Why must "talaq" be said three times? Under some interpretations of Islamic law, a man can divorce his wife and get back together with her - but only twice. After the third divorce, the marriage is completely over and cannot be started again without an intervening marriage to someone else. |
Most Islamic countries have now banned triple talaq. | Most Islamic countries have now banned triple talaq. |