Simple Divorce Papers

Recently the [tag-tec]Federal Court of Canada[/tag-tec] ruled that a [tag-tec]Toronto[/tag-tec] businessman could not sponsor his second wife into Canada because a telephone divorce conducted under [tag-tec]sharia law[/tag-tec] in Pakistan is not recognized in Canada. This [tag-tec]divorce[/tag-tec] was done appropriately according to [tag-tec]Islamic divorce[/tag-tec] procedure.

There is a waiting period and also some small requirements when a man divorces a woman this way, it can be further studied here.

Tariq Amin failed at his attempt to bring his spouse here when an Immigration and Refugee Board in 2002 turned him down due to questions surrounding his Islamic divorce which they claim according to the court documents, wasn’t registered in Pakistan. He appealed the rejection to the [tag-tec]Federal Court of Canada[/tag-tec], which last week threw out his claim.

The Court heard that Amin and his first wife Nazish Nayyar were divorced in 1993 over the telephone and in front of witnesses, which is in accordance with the Islamic divorce procedure. The divorce, however, was void since it was not registered in Pakistan until July 2005.

Amin’s lawyer said, “I have never heard of a successful talaq case in Canada. The judge had problems recognizing Sharia law as it is.”

The court referred to section 22 of the [tag-tec]Divorce Act[/tag-tec] which describes when a foreign divorce can be legally recognized in Canada. The Act implies that the foreign divorce must be recognized by the foreign civil authorities. However, in this case, because it was a religious procedure and had not been registered with the civil authorities in a timely fashion, the court declined to recognize it.

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