North Carolina's Court of Appeals recently held a traditional Islamic marriage is valid for civil purposes, but a divorce is not. As a result, if an individual were to complete these traditional practices and remarry, the second marriage would be void under North Carolina's bigamy laws.
The court essentially holds that a judge must grant a divorce even if the marriage ceremony fails to meet statutory requirements. This holding may result in increased challenges for divorces from non-traditional ceremonies.
Details of Mussa v. Palmer-Mussa
Juma Mussa filed for an annulment from his wife of twelve years in an attempt to end alimony payments. He claimed his wife was previously married under Islam Law and was not properly divorced before entering into her second marriage.
The court found a marriage held under traditional religious beliefs "valid for all civil purposes" even without a license and ceremony by ordained minister or justice of the peace. Since Ms. Palmer-Mussa was married under Islamic Law, her previous marriage was not void. However, her traditional Islamic divorce ceremony was not sufficient. As a result, her second marriage was nullified under the state's bigamy laws.
Significance of the Holding
It appears the courts have drawn a distinction. The religious traditions behind marriage are highly regarded by the courts - the splitting up, however, falls solely under the state's domain. This holding comes during a time when North Carolina is working to define marriage. Many legal analysts point to such holdings opening the definition of marriage.
Although such an argument exists, a marriage cannot occur outside the scope of the state's definition. As a result, marriage in North Carolina is limited to consenting adults of the opposite sex with stipulations regarding kinship and capacity.
This holding raises concern for those involved in non-traditional marriages. The potential implication requires judiciary involvement for any divorce proceeding. As a result it is important for those involved in nontraditional marriages to discuss their divorce proceeding with a knowledgeable family law attorney.
