"A PAKISTANI'S PERSPECTIVE"
Misconceptions About a Pakistani Divorce
Letter to the Editor
Friday, May 16, 2008; A18
The May 8 Metro article "Islamic Divorce Ruled Not Valid in Maryland"
contained several misconceptions that I feel compelled to correct, not
only because of my own case but, more im****tant, because they cast
aspersions on Islamic marriages and Pakistani law.
First, the Pakistani marriage contract under which my wife and I were
married explicitly set forth the division of property in the event of
divorce, much as a prenuptial agreement does in the United States.
Under that agreement, each party was entitled to retain property in
his or her own name as well as half of any property held jointly. My
property rights and my wife's property rights were the same in that
respect.
Second, the divorce proceeding that the talaq procedure initiated was
not unilateral. There is an administrative and court process in
Pakistan, in which my wife chose not to participate, that would have
safeguarded any rights she wished to assert. The Maryland courts,
however, refused to hear any evidence about Pakistani law and
procedure on these or any other points -- a fundamental violation of
due process rights.
Third, I never took the position that she was entitled to only $2,500
while I would retain $2 million. As a result of the Pakistani order of
divorce, my ex-wife received property with a total value of
approximately $500,000.
Fourth, the only issue in the Maryland proceeding was the division of
my pension. Although the Maryland court found it contrary to public
policy not to give half that pension to my ex-wife, I would note that
the laws of a number of states also provide that retirement benefits
are not shared property in a divorce settlement.
Thus, bizarrely, Maryland has refused to apply a foreign law that is
consistent with the laws of its sister states and the federal
government, which Maryland courts do recognize and apply. I would also
note that Maryland law would enforce a U.S. prenuptial agreement to
the same effect.
Only foreign Muslims, it appears, do not get the benefit of such
comity.
IRFAN ALEEM
Karachi, Pakistan
http://www.wa****ngtonpost.com/wp-dyn/content/article/2008/05/15/AR2008051503729.html
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