Islamic divorce by repudiation may be valid in Austria: Supreme Court

Austria's Supreme Court has ruled that a Muslim man's Islamic divorce, obtained in Gambia through repudiation, could be recognized in Austria. This decision overturns previous rulings by lower courts that had denied the divorce's validity, which would have impacted the first wife's alimony claims.

The case centers on a couple with Gambian roots who married in 2006. The husband later married a second wife in Gambia in 2022. He then initiated a divorce from his first wife through repudiation, a process registered with an Islamic court in Bajul, Gambia, in February 2023. The first wife, who has lived in Austria for years but remains a Gambian citizen, argued that the divorce was not discussed with her and violated Austrian public policy, as it was a unilateral repudiation under Islamic law (Talaq).

Lower Austrian courts had sided with the first wife, refusing to recognize the Gambian divorce. They reasoned that recognizing it would contradict fundamental principles of Austrian law. However, the Supreme Court found that the divorce, registered in Gambia, could indeed be valid under Austrian jurisdiction. The wife had sought a divorce under Austrian law, which would have made the husband liable for post-nuptial alimony payments due to his second marriage. She had also claimed spousal support under Austrian law.