Sharia Divorce Law in American Courts

A Pennsylvania appellate court decision, Adewale v. Adewale, illustrates how foreign law, including Islamic law, is applied in American courts under U.S. conflict-of-law principles. The case involves a Nigerian couple married in Lagos in 2011. During divorce proceedings, the husband challenged the marriage's validity, claiming the wife was still married to another man under Nigerian customary and Islamic law from a 2001 ceremony. The trial court found the wife had married another man in 2001 and that the marriage was not dissolved before the 2011 wedding. The wife argued a 2006 triple talaq divorce, but the court ruled the marriage void ab initio, terminating spousal support. The appellate court affirmed, applying the principle that the law of the place of celebration governs marriage validity, unless it violates strong public policy. The case demonstrates the plural legal system in Nigeria and the reception of foreign religious law in U.S. family law.