re: Texas Supreme Court rejects sharia divorce.

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The husband intentionally chose the Islamic law system because it gave him all of the advantages

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Instead, Husband purported to effectuate service by publishing a notice in a small local Pakistani newspaper a mere five days in advance.

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It appears he chose Pakistani law because of its loose notice

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Has nothing to do with Taleq/Sharia

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You need go no further than that statement. Without a doubt from the Criminal Courts to the Family Courts Harris County has the most screwed up Justice System in America.

So I'm not surprised the Texas Supreme Court had to undo the absurd ruling by this lower Harris County court.

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After much procedural wrangling across multiple Pakistani courts, the Pakistan Supreme Court in 2018 denied relief. (The parties dispute whether this denial was procedural or substantive, a debate we need not resolve today.) The Harris County trial court relied on those Pakistani proceedings to dismiss Wife’s divorce petition for want of jurisdiction.

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MASSIVE pivot

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But I asked Grok about the relationship of Islamic law in Pakistan law:

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A verbal talaq is not recognised by law and the husband’s failure to send written notice to the Union Council makes the talaq ineffective. Even if the Union Council issues a certificate of talaq, if notice was not properly served on the wife, the talaq can be challenged.

This law was originally designed to protect women from a instant and unrecorded divorce. Before 1979 and the introduction of the Zina Ordinance, a woman who was not properly divorced and who later remarried could be punished for bigamy and sentenced up to 7 years (or up to 10 years if she concealed the previous marriage) and only on the complaint of her first husband. However, since 1979, bigamy makes a woman liable to charges of zina which can carry very severe penalty such as death. Therefore, it is vital for a woman to be absolutely clear about her marital status and to have documentary proof that she is properly divorced.

Notice of talaq can be served on a wife (with the Union Council’s permission) through her father, mother, adult brother or sister – but no other relatives. If this is not possible because her whereabouts are not known and notice cannot be served on her through her immediate family, the husband can still serve notice through a newspaper approved by the Union Council.

Sometimes families make the mistake of refusing to receive a registered notification, fearing that it is notice of talaq. This is dangerous because notice can then be served through a newspaper and the talaq will be effective, but the woman will be unaware of her status.

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