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Member of Gabriel

Sawma

BackgroundSyria

an independent state in the Middle East. It borders with Lebanon and Israel to the west, Turkey to the north, south Jordan and Iraq to the east. In ancient history, Syria was occupied by Canaanites, Phoenicians, Jews, Syrians, Assyrians, Babylonians, Persians, Greeks, Romans, Nabataeans, Palmerenes, Romans, Byzantines, Muslims, Crusaders, Mamelukes and Ottomans Mongols. Since the beginning of its history, Syriac, a dialect of Aramaic, is the national language of the country. It develops after the Syrians invaded Syria in the vicissitudes of British Columbia in the 13th century. Aramaic is spoken and written language of the inhabitants of modern Turkey, Syria, Lebanon, Transjordan, Iraq, Palestine, Egypt and parts of western parts of Iran. Aramaic is the language of the Arab tribes who live in Syria under the Roman and Byzantine empires before the Islamic Empire in 636 AD. Epigraphic material and Palmerene Nabataean inscriptions showing the kingdoms of the two major Arab tribes had inscriptions in Aramaic and Greek, or are written in Arabic, the modern Arabic script has not yet been developed. Most villages and modern cities in Syria and the Middle East still retain their names in Aramaic. Aramaic was displaced by Arabic in the centuries after the Islamic conquest of Syria and the region. Damascus, the capital of modern Syria, was the seat of the Umayyad dynasty in early Islam.

In 1517, Syria fell to the Ottoman Turks, and formed a territory of the Ottoman Empire. While the Turks, Syria was briefly occupied by the ruler of Egypt, Ibrahim Pasha, 1832-1840. After World War II, the Ottoman Empire was dismembered and Syria came under the mandate that the system was created by the League of Nations. According to Sykes-Picot agreement, signed during the war between France and Britain, France took control of modern Syria, Lebanon, Alexandretta and other parts of southern Turkey. In 1939, Turkey Alexandretta resumed.

On January 1, 1944 Syria has been recognized as an independent republic on October 7, 1944 Syria joined the Arab League, after this year, the Syrian government announced the creation of an army meeting. On October 25, 1945, Syria joined the United Nations.

Islamic law of marriage and divorce SyriaIn 1917, leaders of the Ottoman Empire adopted the “Ottoman Law of Family Rights” (OLFR) representation in the legislation of the first state-sponsored consolidation personal legal status in the context of Islamic Sharia. OLFR of 1917 remains in force until the Muslim personal legal status in Lebanon, Israel to this day, and is recognized as the official law of Syria and Jordan in 1953 to 1951.

Thusis Syrian Islamic law is included in the legal system of the Ottoman Empire. In 1926, Law №. 261 was introduced sharia law in the courts the power to make relating to personal status, inheritance and Waqf (real estate and institutions belonging to the Muslim religious community.) But in Lebanon, Islamic Sharia courts in Syria were regarded as matters of ordinary judicial authorities the personal situation of non-Muslims, except for issues that remained under the jurisdiction of municipal courts. Respect to guardianship, inheritance, wills, legal age (Rushd), and maintaining relationships within the family, Waqf-Khayri (real estate and facilities owned by non-Muslim communities) are controlled by the Sharia courts. Sharia courts are constituted by a Qadi (judge), where the decision may be appealed to the Ministry of the Sharia Court of Cassassion (Mahkamat of Tamyeez). Act of 1926 established religious courts for non-Muslims with limited jurisdiction matters are not within the jurisdiction of Sharia courts, mostly in homes include a commitment, marriage, divorce, marriage and child support.

In 1953, Syrian Law of Personal Status Act replaced the 1917 Ottoman family. This law is based on the Hanafi school of jurisprudence and other laws respected by Sunni doctrines of others. Islamic marriage contracts must be signed by the couple in addition to the judge and then registered with state authorities. The value of marriage contract Islamic Mahr, must be declared. The man is obliged to support his wife and provide residence. Owned by husband and wife are not the property of the merger by marriage. In accordance with Islamic Sharia law allows polygamy Syria, although the amendments were adopted in 1975 to limit the absolute right for one person to take second, third wife, or fourth.

In accordance with Islamic Sharia code Syrian entitles the husband to divorce his wife without any reason (Arabic talaq). Thusis, a man can divorce his wife in historical time, place over the coming years, the years for no reason. Marriage may be terminated by the man, declaring three times: “I divorce you” or “I divorce my wife” or “you are divorced” or “my wife for divorce:” This statement gold-year history of his wife to divorce. Moreover, according to Islamic Sharia law of personal status of Syria, one has the right to remarry his wife divorced, but only if she let another man and divorce.

Syrian Code does not allow women to divorce their husbands in the same way, instead, women resort to judicial divorce (Khul ‘). Women also may request termination of the marriage if the husband is impotent or insane, or if were far more than a year, or if you refuse to provide maintenance to his wife. When Islamic divorce happens custody (hadanah) the child’s mother residential childhood. If the mother dies, she loses that right. As to control (Wilayah) children, this right is reserved for the father alone, or in case of death of the father, paternal grandfather has a lien. If the grandfather died, an uncle assumes guardianship.

Article 3 of the Constitution Syria, Islamic jurisprudence is the “main source of legislation.” The Constitution also stipulates that “the president must be Muslim. In 1961, no law. 12 was introduced, it creates 4:40 courts Muslims in Syria. Each course consists of a Qadi (judge), except for those in Damascus and Aleppo, which includes three judges each. Islamic sharia courts are state courts have jurisdiction over personal status law.

Recognition and Enforcement of Islamic divorce Syrian USAThe problems associated with recognition of foreign divorce obtained from Syria, when a U.S. citizen traveling to Syria to get a quick divorce “triple talaq”. Usually, this divorce is entitled to recognition in the United States, if valid and in force in Syria, where he and a Syria that is established or resident of both countries. U.S. courts will be determined if the divorce was obtained by mail by fraud or an average year, that may violate state requirements for public policy. recognition of a divorce obtained in Syria may require the person or historical home in Syria, or whether both sides appeared in a divorce, even in the absence of residence. All these factors are taken into account before the divorce obtained in Syria are recognized and enforced in the United States. Individuals facing these issues should consult a qualified attorney and / or advice before starting legal action.

It is important to note that civil divorce obtained in the United States for couples belonging to the Muslim faith is not recognized by Islamic courts in the Middle East but also in other countries with the personal status laws based on Islamic Sharia. Islamic Sharia does not recognize a divorce obtained outside the rules. Muslim people, mostly women, who have obtained divorces in the United States government, and will marry in Islam should receive Islamic divorce as a civil divorce alone is not enough. Getting Muslim that civil divorce in the U.S. alone, and then remarry without obtaining an Islamic divorce may face prosecution in the Middle East for adultery. They may even face stoning in some countries. In addition, they have custody of the children of the marriage will be removed and given a Muslim father or paternal family history. Again, Muslim women who have obtained a civil divorce only in the United States should consult with a competent attorney and / or verification before they travel to a country whose family is based on Islamic Sharia

DISCLAIMER:. While all efforts are made to ensure accuracy of this publication is not intended to provide legal advice specific situations will differ and should be discussed with experts and / or lawyer. Or for specific legal advice on the information provided and related topics, please contact the author.

Member of Gabriel

Sawma

BackgroundSyria

an independent state in the Middle East. It borders with Lebanon and Israel to the west, Turkey to the north, south Jordan and Iraq to the east. In ancient history, Syria was occupied by Canaanites, Phoenicians, Jews, Syrians, Assyrians, Babylonians, Persians, Greeks, Romans, Nabataeans, Palmerenes, Romans, Byzantines, Muslims, Crusaders, Mamelukes and Ottomans Mongols. Since the beginning of its history, Syriac, a dialect of Aramaic, is the national language of the country. It develops after the Syrians invaded Syria in the vicissitudes of British Columbia in the 13th century. Aramaic is spoken and written language of the inhabitants of modern Turkey, Syria, Lebanon, Transjordan, Iraq, Palestine, Egypt and parts of western parts of Iran. Aramaic is the language of the Arab tribes who live in Syria under the Roman and Byzantine empires before the Islamic Empire in 636 AD. Epigraphic material and Palmerene Nabataean inscriptions showing the kingdoms of the two major Arab tribes had inscriptions in Aramaic and Greek, or are written in Arabic, the modern Arabic script has not yet been developed. Most villages and modern cities in Syria and the Middle East still retain their names in Aramaic. Aramaic was displaced by Arabic in the centuries after the Islamic conquest of Syria and the region. Damascus, the capital of modern Syria, was the seat of the Umayyad dynasty in early Islam.

In 1517, Syria fell to the Ottoman Turks, and formed a territory of the Ottoman Empire. While the Turks, Syria was briefly occupied by the ruler of Egypt, Ibrahim Pasha, 1832-1840. After World War II, the Ottoman Empire was dismembered and Syria came under the mandate which system is created by the League of Nations. According to Sykes-Picot agreement, signed during the war between France and Britain, France took control of modern Syria, Lebanon, Alexandretta and other parts of southern Turkey. In 1939, Turkey Alexandretta resumed.

On January 1, 1944 Syria has been recognized as an independent republic on October 7, 1944 Syria joined the Arab League, after this year, the Syrian government announced the creation of an army meeting. On October 25, 1945, Syria joined the United Nations.

Islamic law of marriage and divorce SyriaIn 1917, leaders of the Ottoman Empire adopted the “Ottoman Law of Family Rights” (OLFR) representation in the legislation of the first state-sponsored consolidation personal legal status in the context of Islamic Sharia. OLFR of 1917 remains in force until the Muslim personal legal status in Lebanon, Israel to this day, and is recognized as the official law of Syria and Jordan in 1953 to 1951.

Thusis Syrian Islamic law is included in the legal system of the Ottoman Empire. In 1926, Law №. 261 was introduced sharia law in the courts the power to make relating to personal status, inheritance and Waqf (real estate and institutions belonging to the Muslim religious community.) But in Lebanon, Islamic Sharia courts in Syria were regarded as matters of ordinary judicial authorities the personal situation of non-Muslims, except for issues that remained under the jurisdiction of municipal courts. Respect to guardianship, inheritance, wills, legal age (Rushd), and maintaining relationships within the family, Waqf-Khayri (real estate and facilities owned by non-Muslim communities) are controlled by the Sharia courts. Sharia courts are constituted by a Qadi (judge), where the decision may be appealed to the Ministry of the Sharia Court of Cassassion (Mahkamat of Tamyeez). Act of 1926 established religious courts for non-Muslims with limited jurisdiction matters are not within the jurisdiction of Sharia courts, mostly in homes include a commitment, marriage, divorce, marriage and child support.

In 1953, Syrian Law of Personal Status Act replaced the 1917 Ottoman family. This law is based on the Hanafi school of jurisprudence and other laws respected by Sunni doctrines of others. Islamic marriage contracts must be signed by the couple in addition to the judge and then registered with state authorities. The value of marriage contract Islamic Mahr, must be declared. The man is obliged to support his wife and provide residence. Owned by husband and wife are not the property of the merger by marriage. In accordance with Islamic Sharia law allows polygamy Syria, although the amendments were adopted in 1975 to limit the absolute right for one person to take second, third wife, or fourth.

In accordance with Islamic Sharia code Syrian entitles the husband to divorce his wife without any reason (Arabic talaq). Thusis, a man can divorce his wife in historical time, place over the coming years, the years for no reason. Marriage may be terminated by the man, declaring three times: “I divorce you” or “I divorce my wife” or “you are divorced” or “my wife for divorce:” This statement gold-year history of his wife to divorce. Moreover, according to Islamic Sharia law of personal status of Syria, one has the right to remarry his wife divorced, but only if she let another man and divorce.

Syrian Code does not allow women to divorce their husbands in the same way, instead, women resort to judicial divorce (Khul ‘). Women also may request termination of the marriage if the husband is impotent or insane, or if were far more than a year, or if you refuse to provide maintenance to his wife. When Islamic divorce happens custody (hadanah) the child’s mother residential childhood. If the mother dies, she loses that right. As to control (Wilayah) children, this right is reserved for the father alone, or in case of death of the father, paternal grandfather has a lien. If the grandfather died, an uncle assumes guardianship.

Article 3 of the Constitution Syria, Islamic jurisprudence is the “main source of legislation.” The Constitution also stipulates that “the president must be Muslim. In 1961, no law. 12 was introduced, it creates 4:40 courts Muslims in Syria. Each course consists of a Qadi (judge), except for those in Damascus and Aleppo, which includes three judges each. Islamic sharia courts are state courts have jurisdiction over personal status law.

Recognition and Enforcement of Islamic divorce Syrian USAThe problems associated with recognition of foreign divorce obtained from Syria, when a U.S. citizen traveling to Syria to get a quick divorce “triple talaq”. Usually, this divorce is entitled to recognition in the United States, if valid and in force in Syria, where he and a Syria that is established or resident of both countries. U.S. courts will be determined if the divorce was obtained by mail by fraud or an average year, that may violate state requirements for public policy. recognition of a divorce obtained in Syria may require the person or historical home in Syria, or whether both sides appeared in a divorce, even in the absence of residence. All these factors are taken into account before the divorce obtained in Syria are recognized and enforced in the United States. Individuals facing these issues should consult a qualified attorney and / or advice before starting legal action.

It is important to note that civil divorce obtained in the United States for couples belonging to the Muslim faith is not recognized by Islamic courts in the Middle East but also in other countries with the personal status laws based on Islamic Sharia. Islamic Sharia does not recognize a divorce obtained outside the rules. Muslim people, mostly women, who have obtained divorces in the United States government, and will marry in Islam should receive Islamic divorce as a civil divorce alone is not enough. Getting Muslim that civil divorce in the U.S. alone, and then remarry without obtaining an Islamic divorce may face prosecution in the Middle East for adultery. They may even face stoning in some countries. In addition, they have custody of the children of the marriage will be removed and given a Muslim father or paternal family history. Again, Muslim women who have obtained a civil divorce only in the United States should consult with a competent attorney and / or verification before they travel to a country whose family is based on Islamic Sharia

DISCLAIMER:. While all efforts are made to ensure accuracy of this publication is not intended to provide legal advice specific situations will differ and should be discussed with experts and / or lawyer. Or for specific legal advice on the information provided and related topics, please contact the author.