Lake County Judge Wrong To Accept Sharia Divorce: Appeals Court

ELGIN, IL — A state appeals court panel ruled last week that a Lake County judge wrongly accepted a divorce conducted in India under Islamic law. In a judgement filed April 12, a panel of the 2nd District Illinois Appeals Court found that Associate Judge Raymond Collins "did not consider American law and fundamental precepts of due process" in the case of a Gurnee couple's divorce.

Abuzaffer Basith, 70, traveled to India in May 2017 and obtained a certificate for divorce from his wife Tanveer, 65. The couple had been married since 1979 in India but had lived in Illinois ever since, according to Ms. Basith's attorney. They are U.S. citizens, Illinois residents and the parents of six children.

Under the terms of an Indian Sharia court's judgement, Ms. Basith was awarded 31,000 rupees — about $447. She argued she was never given the chance to appear and present her case and filed for divorce in Lake County court in September 2017.

Mr. Basith asked for the Lake County divorce petition to be dismissed, arguing the divorce had already been resolved. Judge Collins agreed, even though Mr. Basith's attorney admitted Ms. Basith was never given notice of the Indian proceedings.

"Well, it may be egregious, in that the disposition of property may not have been equitable, but I don't think I have any choice but to dismiss," Collins said at a hearing. He said he assumed if the Basiths had gotten married under the jurisdiction of an Indian religious court, it would continue to have jurisdiction.

Justice Justice Mary Seminara-Schostok disagreed, writing for the unanimous three-judge panel.

"As the Indian tribunal's decision was inconsistent with Illinois concepts of fairness and equity, the trial court should not have granted it comity," Schostok said, writing for the unanimous three-judge panel.

The appellate court found Collins' ruling "troubling" and admonished him for his "carelessness in rendering [his] decision," which has "caused an unnecessary year-long delay in the proceedings" where Ms. Basith has had to wait for her rights under Illinois law.

The order "strongly encourage[d]" Collins, who was first appointed in 2004 and has been since been reappointed three times, "to be more cognizant of the parties' fundamental rights and controlling case law before dismissing an action."

The order was filed according to Rule 23 in Illinois courts, which means it is nonprecendential and noncitable for any unrelated future cases. It means a Lake County court will re-open proceedings on Ms. Basith's petition for divorce that had been dismissed about a year to the day prior to its issuance.

Mervate Mohammad, Ms. Basith's attorney, said after Mr. Basith returned from India, he soon changed the locks and remarried.

"He just took advantage of the Sharia law over there to make sure that he got his rights and denied her hers," Mohammad said.

According to the appellate court's summary of the case, Mr. Basith argued he got the petition after his wife had asked for a divorce. He said he went to India to grant her request, asserting he and his wife were pious Muslims and the trial court had the right to consider Sharia law. But none of his arguments meant "a foreign decree should be recognized if a party did not have notice and an opportunity to defend her interest," the appellate court found.

Mr. Basith's attorney, Dwayne Douglas, did not immediately return a message requesting comment

Mohammad said she intended to file a motion seeking to make the order a binding opinion to make sure it can be used in future rulings.

"If you allowed people to go to whatever country that they once lived in, or wherever they got married in, then essentially whoever wanted a divorce wouldn't even have to file in the United States," said Mohammad. "They could just fly over to whatever country that benefits them and just get divorced there and come back and say, 'Ha, ha! I'm divorced and I don't have to give you anything.'"

Read: full April 12, 2019, Illinois Appeals Court order in re Marriage of Tanveer Basith and Abuzaffer Basith