A Malaysian had married a Swiss and lived with him as a family in her home country. In 2010, they filed for divorce and were officially separated by a Sharia court. The mother, who today lives in Switzerland like her ex-husband, wanted to supplement this judgment, which was made under Islamic law, in Switzerland. She asked the Zurich District Court to make monthly maintenance payments for two preschool children.
According to the verdict, her ex fought back “that Islamic law or the law prescribed in the Koran was clear” and that there were no monthly contributions like that “Sonntagszeitung” reported. In doing so, they caused a fundamental discussion. A foreign judgment can only be supplemented if it is recognized.
According to the report, the court recognized the Sharia divorce. Both parties originally agreed to the decision. However, it added to the judgment. The man was obliged to transfer 4,000 francs maintenance per month in the future. The judgment is final.
“No comparable case known”
Experts speak of a novelty, as the newspaper writes – such as Markus Müller-Chen, professor of private international law at the University of St. Gallen: “As far as I know, there was no such recognition of a Sharia judgment.” It could be that the Zurich courts would refer to this judgment in the future. But it is not binding.
Stefan Suter, lawyer for the Malaysian, says that he was not aware of any comparable case. It appealed to him to clarify the validity of a divorce under Islamic law. “It may be surprising at first that a Swiss court recognizes a Sharia judgment,” said Suter. “But everything else would have meant that a Swiss person could use the Koran to his advantage and that a woman was left without maintenance payments.”
(Tam)
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