RE: American Courts Asked to Interpet Muslim Marriage contract

[Marc Stern]

Avitzur  v. Avitzur, 58 NY2d 108.I have a vague recollection of a Moslem marriage cases from somewhere but no longer remember the details. Ontario just this week barred religious arbitration of matrimonial disputes. Marc Stern   From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of [EMAIL PROTECTED] Sent: Wednesday, February 15, 2006 3:14 PM To: Religionlaw@lists.ucla.edu Subject: American Courts Asked to Interpet Muslim Marriage contract         I have a student who is doing a moot court project on whether state courts can settle a dispute over the meaning of an Islamic marriage contract. The parties are resident aliens and the question is whether the courts can interpret the relevant provisions of the religious marriage contract without violating the Establishment Clause. I''m sure this issue has arisen in the domestic context of mainstream American religions, but I am not familiar with the caselaw in this area.  Whatever the answer to the domestic question is, does the fact that the parties are resident aliens affect the answer. Off-List replies are fine, and I'll assume they can be shared with other List members.  If you do  not want me to share off-List responses please let me know.  Thanks in advance.   Bobby Robert Justin Lipkin Professor of Law Widener University School of Law Delaware

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