Posted on 07/08/2021 1:01:48 PM PDT by grundle
A Texas judge earlier this year ordered that a Muslim woman seeking a divorce appear before a tribunal governed by Sharia, a move that her lawyers said was unconstitutional.
In March, Collin County District Judge Andrea Thompson ordered that Mariam Ayad, a woman attempting to divorce her husband, Ayad Hashim Latif, forgo the usual legal paths and instead submit to arbitration under a Fiqh panel, governed by a traditional Muslim group based in Saudi Arabia. Thompson's reasoning rested on a prenuptial agreement between the two in which Ayad agreed to allow her marriage to be arbitrated according to Sharia.
Ayad said that when she signed the document, she did not realize that she was submitting to Sharia, according to court documents. Instead, she said she thought she was signing two copies of a marriage acknowledgment form. Under Sharia, a woman's testimony in divorce proceedings is worth half of a man's, making her plea to be removed from that agreement especially urgent, her attorneys wrote.
(Excerpt) Read more at news.yahoo.com ...
Ehhhh… it’s in the prenup and she signed it.
Exactly. It’s amazing how many Freeper fall for this clickbait sh!t without even understanding how contract law works.
Prenups to not invalidate your rights as a citizen.
You can’t sign away your constitutional rights.
Duress and misrepresentation BOTH negate agreements. She was lied to, or was otherwise misled regarding the contents of one of the documents she signed.
Fraud cancels contracts.
She needs a better lawyer IMO. Claim the contract was signed under duress.. ect.
Judge should be disbarred, our constitution is supreme in the US, not some sharia court in Saudi Arabia. Disgusting absolutely disgusting
“Collin County is located in the U.S. state of Texas. It is part of the Dallas-Fort Worth-Arlington metropolitan statistical area, and a small portion of the city of Dallas is in the county.”
She signed an arbitration agreement regarding property division and support.
She’s a grown woman with the ability to contract.
She should be deprived of the right to contract because she’s a Muslim?
I wonder if the prenup had a stoning or live burial clause...
If true (and I'm HUGELY skeptical it is), it sounds like she has a litigation avenue opened for a malpractice action.
When asking a court to enforce a prenuptial agreement, one of the very first things the court does is validate that both parties had separate counsel when the prenuptial was executed. In the absence of separate counsel that are unencumbered by conflicts of interests, it's very unlikely any court would enforce the prenup, much less the choice of law clause in that prenup.
Maybe a lot of guys in Texas want to do this now?
Sure you can.
"Officer, you can search my home without a warrant.""Parties to the contract agree to binding arbitration and waive the right to a jury trial."
In fact, this instance is very similar to my second example. The woman waived her right to civil courts in favor of binding arbitration with the Sharia tribunal.
I’m still shocked they would uphold it. Generally marriage contracts are no longer regarded as contracts by courts.
FR sure has changed, eh? The standard wedding vow includes the statement "till death do us part", so maybe we can start requiring divorce by execution next. Hey, it's a verbal contract.
“Thompson’s reasoning rested on a prenuptial agreement between the two in which Ayad agreed to allow her marriage to be arbitrated according to Sharia.”
“Ayad said that when she signed the document, she did not realize that she was submitting to Sharia, according to court documents. Instead, she said she thought she was signing two copies of a marriage acknowledgment form.”
Contract law is one of the least understood aspects of law, which is unusual because it’s tough to live as an adult in this country without exposure to copious contracts through a lifetime.
“You can’t sign away your constitutional rights.”
Precisely. The contract was invalid on it’s face.
It looks to me that she needs a new lawyer.
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