Dutch court on Muslim divorce

19 February 2016 Posted by Wibo van Rossum

On 6 January 2016 the court of Rotterdam ruled it could not force a Muslim husband to cooperate with an Islamic divorce. The court argues that it is up to the woman to freely abide by Islamic rules, and that the issue in question does not relate to the Dutch legal order. The request of the woman (to order the man to perform a talaq or to cooperate with khula) is turned down.

See decision in Dutch: Sharia huwelijk – rb over weigering van de man om mee te werken aan ontbinding van het huwelijk

Of course the decision reached the media. Machteld Zee comments on the case (her recent PhD is shown), but also ‘Femmes for Freedom’ and lawyer Channa Samkalden who argues that ‘non-compliance with religious norms may have civil consequences for women’. The Clara Wichmann Institute will start a legal procedure (a so called ‘proefproces’) to secure that an Islamic divorce in the future can be secured. See, in Dutch:
and

About Wibo van Rossum

assistent professor at legal theory Utrecht University School of Law

Comments are closed.

  • Archives

  • Categories