New Jersey lawyer Abed Awad has been involved with more than 100 cases that involved some component of Shariah, or Islamic law, and knows firsthand how complicated things can get.
In one of those cases, a woman claimed she was married to a man according to Islamic law in her native west Africa. The man asserted there was no valid marriage, leaving a judge to decide whether the two were ever legally married in the first place.
If the judge rules they were married, there will be a divorce, and she will receive alimony and a share of marital assets. If the judge rules that there is no marriage, then the woman will be left with nothing from her relationship.
To make a ruling, the judge will need to consider what Shariah, as understood in one corner of western Africa, says about what constitutes a legal marriage. He will likely have to consult Islamic law experts and apply what he learns to his decision.
But what if American judges were prohibited from considering Shariah and other foreign laws, as many state and national politicians want to see happen?