No Fear of Ṭalāq: A Reconsideration of Muslim Divorce Laws in Light of the Rome III Regulation

Abstract

This article reconsiders divorce laws in contemporary Muslim jurisdictions in light of the latest developments in European Union private international law on matters of personal status. In particular, it questions the alleged incompatibility of current Muslim divorce laws and the public policy clause of Article 10 Rome III Regulation which demands the application of the law of the forum whenever the designated law does not grant one of the spouses equal access to divorce on grounds of their sex. The article analyses how recent reforms of Muslim divorce laws have to be understood with a view to equality between the spouses and suggests modes to accommodate these recent divorce law reforms into European jurisdictions. It is argued that in order to allow for a culturally sensitive application of European Union private international law, it is crucial to distinguish, first, between the statutory provisions of different Muslim countries and, second, between the different divorce procedures existing in each individual jurisdiction.

Keywords: Private international law, conflict of laws, Article 10 Rome III Regulation, Muslim divorce laws