Muslim doctor in Britain loses Sharia law fight over divorce settlement

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Muslim doctor in Britain loses Sharia law fight over divorce settlement
OP - July 26, 2012, 08:36 PM

Quote
A Muslim hospital consultant has been ordered by a British court to pay his ex-wife’s maintenance, despite the man arguing that by Sharia (Islamic) law he should not have to.

Dr. Zaid al-Saffar was told by a judge that he must pay £60,000 ($94,249) to his former wife, academic Hanan al-Saffar and follow the “rule in this country,” according to a report by the Daily Mail on Wednesday.

In some Muslim societies there is often no expectation that ex-husbands pay maintenance to ex-wives, while others agree that maintenance has to be paid if the woman does not re-marry and has children.

Saffar, a consultant rheumatologist who is also the head of the Islamic Society in the resort town, was married for eight years, and the couple had two children. According to the report, their marriage was formalized following the Islamic tradition of Mahr, under which the groom pays a gift to his bride.

“Dr. Al-Saffar also assumed he had no obligation to make maintenance payments, and that, following Islamic practice, his former wife’s family would support her,” the Daily Mail reported.

The case highlighted the clash of Muslim and UK matrimonial law, as the judge at the Court of Appeal told him that he had to make the maintenance payment.

Lord Justice Ward told Saffar: ‘The rule in this country is that you share and the starting point is equal division.

“You came out of the marriage without having made your wife any substantial capital payment.”

He added: “Life is sometimes hard; do not be consumed with bitterness.”

Representing himself, the doctor told the court: “I’m hard working. I pay my taxes and look after my community. I have nothing but respect for the court’s order, but I only stopped paying because all her family were telling me she’s got millions. She doesn't need it.”

After the case, Saffar told the Daily Mail: “By playing the system and pretending to be a victim she got everything, which I think is totally unfair.

“Family law in this country is biased against Muslim people,” Saffar added.

http://english.alarabiya.net/articles/2012/07/26/228559.html

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Re: Muslim doctor in Britain loses Sharia law fight over divorce settlement
Reply #1 - July 26, 2012, 08:57 PM

Although it is good that his excuse of religion did not override the law, in general, alimony is such a stupid thing. It should be abolished.

brb if your wife cheats on you and you get divorced you still have to pay her
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Re: Muslim doctor in Britain loses Sharia law fight over divorce settlement
Reply #2 - July 26, 2012, 10:04 PM

Quote
“Family law in this country is biased against Muslim people,” Saffar added.

Either his ex-wife happened to be non-Muslim, or he is so eager to use that “discrimination against us” card that he do not realize how that is pure non-sense.
I tend to believe it's the latter.
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Re: Muslim doctor in Britain loses Sharia law fight over divorce settlement
Reply #3 - July 27, 2012, 01:24 AM

Well, by family law in the country is biased against Muslims he means family law in Britain isn't Muslim ( Shariah) family law and he would be correct, but then again he is simply stating the obvious.

So once again I'm left with the classic Irish man's dilemma, do I eat the potato or do I let it ferment so I can drink it later?
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Re: Muslim doctor in Britain loses Sharia law fight over divorce settlement
Reply #4 - July 27, 2012, 07:02 AM

What a nasty, mendacious little shit that man is, claiming Islamophobia because he has to abide by secular law, common to all.

This is a stark example of it because its so plain, but his line of thinking is what fuels a lot of grievance attitudes amongst reactionary Muslims.

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Re: Muslim doctor in Britain loses Sharia law fight over divorce settlement
Reply #5 - July 27, 2012, 07:05 AM

Was he actually married under UK law? Sounds to me like they only had an Islamic marriage, which means they were living in sin under UK law...

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Re: Muslim doctor in Britain loses Sharia law fight over divorce settlement
Reply #6 - July 27, 2012, 09:51 AM

Quote
“Family law in this country is biased against Muslim people,” Saffar added.

Fuck off

Quote from: King Tut on December 09, 2012, 01:28 PM
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Re: Muslim doctor in Britain loses Sharia law fight over divorce settlement
Reply #7 - July 27, 2012, 09:53 AM

Quote from: ZOMG on July 26, 2012, 08:57 PM
Although it is good that his excuse of religion did not override the law, in general, alimony is such a stupid thing. It should be abolished.

brb if your wife cheats on you and you get divorced you still have to pay her

Don't they have anything like U.S prenups?

Quote from: King Tut on December 09, 2012, 01:28 PM
Yeah an I am super ugly, I can't even beat my chest am too skinny and when I roaaar to attract women, they laugh at me, because it sounds like a girl screaming. I can't even attract any bitches!
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Re: Muslim doctor in Britain loses Sharia law fight over divorce settlement
Reply #8 - July 27, 2012, 10:24 AM

Quote from: Yi Sun-Sin on July 26, 2012, 10:04 PM
Either his ex-wife happened to be non-Muslim, or he is so eager to use that “discrimination against us” card that he do not realize how that is pure non-sense.
I tend to believe it's the latter.

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Re: Muslim doctor in Britain loses Sharia law fight over divorce settlement
Reply #9 - July 27, 2012, 10:40 AM

Quote from: moi on July 27, 2012, 07:05 AM
Was he actually married under UK law? Sounds to me like they only had an Islamic marriage, which means they were living in sin under UK law...

I was going to say something about sin not existing in UK law, and then I remembered the Head of State there is by law the “Supreme Governor of the Church of England”, so I'm not sure anymore .
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Re: Muslim doctor in Britain loses Sharia law fight over divorce settlement
Reply #10 - July 27, 2012, 01:46 PM

Quote from: shilakijawani on July 27, 2012, 09:53 AM
Don't they have anything like U.S prenups?

They do I think, but the problem is that a lot of the time pre-nups are thrown out
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Re: Muslim doctor in Britain loses Sharia law fight over divorce settlement
Reply #11 - July 27, 2012, 07:16 PM

Quote from: ZOMG on July 26, 2012, 08:57 PM
Although it is good that his excuse of religion did not override the law, in general, alimony is such a stupid thing. It should be abolished.

brb if your wife cheats on you and you get divorced you still have to pay her

+ 1

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Re: Muslim doctor in Britain loses Sharia law fight over divorce settlement
Reply #12 - July 29, 2012, 01:17 AM

OMG, these poor men who are coerced into getting married. Boo-fucking-hoo.

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Re: Muslim doctor in Britain loses Sharia law fight over divorce settlement
Reply #13 - July 29, 2012, 09:20 AM

I actually agree with the Dr. on this one. The state has no right to medal in the private life of a person, if the marriage wasn't registered under secular law, then yes he shouldn't be obliged to pay his Ex-wife.

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Re: Muslim doctor in Britain loses Sharia law fight over divorce settlement
Reply #14 - July 29, 2012, 09:36 AM

The problem is, that sometimes a wife (Muslim or non Muslim) can cheat on you, and if the husband divorces her on the basis of cheating she can still claim costs from you, and even be having sex with another man she cheated on you with, so then this leads to a situation where the law is completely unfair for one party.

Imagine this Dr, and this woman had an Islamic marriage (both understand the spirit of the agreement) then 8 years down the line she gets caught cheating on her husband, the husband (rather then doing something insane like honour killing) does the ethical thing and gives her a divorce on the basis of the Islamic way (in which is was originally agreed upon) the Ex-wife decides to be vindicate hold a personal grudge so decides to use the secular law to get more money out of him. In this case I object to the idea of the state getting involved, the state has no right to force a husband to pay an ex-wife under a marriage contract they never had to begin with. He never married the woman under secular laws he married her under his own cultural/religious laws, the state has no right to meddle in this and enforce something onto him which wasn't even part of the deal to begin with. So, for the in this situation it is a lose, lose case, which would push many men into doing something crazy and taking the law into their own hands.

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Re: Muslim doctor in Britain loses Sharia law fight over divorce settlement
Reply #15 - July 29, 2012, 09:51 AM

another way to look at this is...

Person X, comes to Person Y asking for a loan Person X agrees to give Person Y a loan, both parties agree that there will be no interest on this loan, after the loan is issued by Person X to Person Y, and eventually Person Y pays Person X the loan back, Person X objects and states that he should be paid interest on this, Person Y refuses and Person X takes Person Y to court, in court the judge states under the laws of the land Person X can claim interest therefore Person Y must pay interest, even though this wasn't even in the original contract both parties agreed to.

If I was the doctor I would appeal it, since this actually comes down to a contractual agreement it was a Islamic marriage contract to which both parties agreed to. I think, what may have happened is, that after the Islamic marriage, the marriage was registered under British secular laws, so then of course the new contract supersedes the old contract, so in that case then I can agree with the ruling of the judge, otherwise it would be completely spurious.

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Re: Muslim doctor in Britain loses Sharia law fight over divorce settlement
Reply #16 - August 21, 2012, 04:48 AM

Quote from: King Tut on July 29, 2012, 09:20 AM
I actually agree with the Dr. on this one. The state has no right to medal in the private life of a person, if the marriage wasn't registered under secular law, then yes he shouldn't be obliged to pay his Ex-wife.

First I'd like to point out that (as far as I know) in the UK we do not pay maintenance to the ex-wife but to our children. Unlike the USA we have no obligation to keep our ex in a lifestyle to which she has become accustomed.

Secondly whether there was a legal marriage or not, if they have cohabited for a number of years and built a family life together then she is entitled to half when they split up. Otherwise it would not be fair that the woman stays at home raising the family only later to lose everything she helped to build simply because the husband was the one paying the tax.

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