Out Of Order

A British court is faced with a divorce dilemma which has taken on international dimensions. Rachel Ann Poppy, a British subject, converted to Islam in 2004 and married her Kashmiri husband in Goa.

She changed her name, and promised to live as a Muslim wife under Islamic law. However, the marriage began to unravel when her husband became physically abusive. Rachel, now expecting, went to see her parents in London, where her son Samir George Poppy was born.

Rachel filed for divorce in a London court, but the husband's attorney, through videoconferencing, challenged the court's jurisdiction to hear the case. The attorneys assert, through arguments based on Islamic law, that only an Islamic divorce, heard in Kashmir, should be recognized.

Though it's not yet settled whether the London court has legal jurisdiction, I believe the British court can grant this divorce. Although the husband did not appear in court, his attorney, by challenging the jurisdiction, has filed an appearance on his behalf.

The court can grant a civil divorce provided it considers the parties were legally married. According to Islamic law, only a husband can file for divorce, and therefore Rachel cannot obtain a religious divorce. Civil divorce is not recognized under Islamic law, but it's common practice in the UK to grant a civil divorce to Muslim women who fail to obtain a divorce from a Muslim mediator.

Under Islamic law, a husband may divorce his wife without any misbehavior on her part, and without her consent or presence. In this case, Britain finds itself enmeshed in Muslim legal pluralism. The divorce court has scheduled a second hearing, October 2, to hear the husband's arguments via video conferencing.

I feel certain that, in the end, Rachel will obtain her civil divorce and will have custody of her son.

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