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The European Union’s (EU) top court ruled, on Wednesday, that EU law does not cover whether ‘instant talaq’ given in religious courts can be validated, rather leaving the decision to the member countries’ courts.
The European Court of Justice (ECJ) “does not apply, by itself, to the recognition of a divorce decision delivered in a third country”.
The ruling came after the case of a Syrian-German couple married in 1999 arose. The marriage was ended by the husband in a Sharia court in the Syria by having his representative repeating ‘talaq‘ (divorce) three times. The wife acknowledged the divorce in writing but contested it after her ex-husband filed for the divorce to be recognised in a court in Munich, Germany.
The Munich court referred the case to the ECJ asking for clarifications regarding EU divorce pact law, known as the Rome III Regulation.
The ECJ called this incident a “private divorce” since there was no involvement by state authority. It further stated it will not making a final ruling on the case, because a unilateral declaration of divorce before a religious court does not fall under its regulation. The Munich court will therefore taking the final stand on the issue.
Ref: The Express Tribune