In In re Ayad, (TX Sup. Ct., Sept. 23, 2022), the Texas Supreme Court held that the trial court should determine the validity and enforceability of an Islamic Pre-Nuptial Agreement before, rather than after, ordering the parties to arbitration by a Fiqh Panel pursuant to the agreement. In a divorce proceeding, the wife challenged the enforceability of the agreement on various grounds, including that the term "Islamic Law" is too indefinite and that the Agreement is void as violating public policy. Volokh Conspiracy discusses the decision. [Thanks to Steven H. Sholk for the lead.]
