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Islamic Law

North Dakota Court Upholds Rejection of Sudanese Triple-Talaq Divorce

Eugene Volokh | 8.7.2026 10:02 AM

From Ali v. Osman, decided yesterday by the N.D. Supreme Court, in an opinion by Chief Justice Lisa Fair McEvers:

Ali and Osman married in 2001 in Sudan. Both parties are dual citizens of the United States and Sudan. The parties are the parents of five children—three of whom were minors at the time of trial….

In July 2024, Ali commenced this action seeking a divorce from Osman. In October 2024, Osman moved to dismiss the divorce action, disputing that he and Ali were still married at the time of the action. Osman asserted they were no longer married because he had obtained a divorce certificate in Sudan on December 11, 2022….

The [trial] court found that, unbeknownst to Ali, Osman pronounced talaq three times prior to December 11, 2022; and on or about December 11, 2022, Osman obtained the certificate of divorce from Ali in Sudan based on his pronouncement of talaq. {The district court found: "Under Islamic law, a husband has the right to initiate a divorce ('talaq') against his wife. All that is required to achieve talaq is for a husband to pronounce his intent to divorce his wife on........

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