Marriage Contracts

The court held that the “sadaq” (mahr) agreement between Husband and Wife was in effect an Islamic antenuptial contract valid and enforceable on its terms based on neutral principles of contract law. Akileh v. Elchahal, 666 So. 2d 246 (Fla. Dist. Ct. App. 1996); District Court of Appeal of Florida, Second District The court held […]

The Court invalided a mahr agreement where the Husband entered into the agreement under coercion. Zawahiri v. Alwattar, 2008 Ohio 3473 (2008) Court: Court of Appeals of Ohio, 10th Appellate District, Franklin County Husband and Wife were married in Ohio. Two hours before the Islamic marriage ceremony, the Husband was presented with the preprinted marriage

The court, in favor of the wife, held a mahr agreement enforceable where it was enforceable based on contracts law and met the state’s standards for contracts. Odatalla v. Odatalla, 355 N.J. Super. 305; 810 A.2d 93 (Ch. Div. 2002)Court: Superior Court of New Jersey, Chancery Division, Family Part, Passaic County The court, in favor

The court, in favor of the husband, found that a mahr agreement that the husband signed without knowing the terms of the agreement was invalid and unenforceable. In re Marriage of Obaidi, 154 Wn. App. 609; 226 P.3d 787 (2010) Court: Court of Appeals of Washington, Division3 The court, in favor of the husband, found

The court, in favor of the Husband, found the dowry provision of a foreign marriage contract void and against public policy when the beneficiary of the provision initiated divorce. In re Marriage of Dajani, 204 Cal. App. 3d 1387; 251 Cal. Rptr. 871 (1988) Court: Court of Appeal of California, 4th Appellate District, Division 3

The Court, in favor of the Wife, ruled that a marriage contract including an agreement by Husband for payment in event of divorce or death was not a valid prenuptial agreement. In re Altayar and Muhyaddin, 139 Wn. App. 1066 (Wash. App. Div. 2007) Court: Court of Appeals of Washington, Division 1 The Court, in

The court, in favor of the Husband, found invalid a sadaq that did not satisfy the requirements of the Statute of Frauds. Habibi-Fahnrich v. Fahnrich, No. 46186/93; 1995 WL 507388 (N.Y. Sup. Ct. 1995) Court: Supreme Court of New York, Kings County The court, in favor of the Husband, found invalid a sadaq that did

The court, in favor of the Wife, held that a nikah nama with no provision for the wife, disclosure of the husband’s assets, nor independent counsel was not an enforceable prenuptial agreement. Chaudhary v. Ali, No. 0956-94-4; 1994 Va. App. LEXIS 759; 1995 WL 40079 (VA Ct. App. 1995) The court, in favor of the

The court, in favor of the Wife, enforced the terms of a mahr agreement that conformed to New York contracts law. Aziz v. Aziz, 127 Misc. 2d 1013; 488 N.Y.S.2d 123 (1985) Court: Supreme Court of New York, Special Term, Queens County The court, in favor of the Wife, enforced the terms of a mahr

The court, in favor of the Husband, ruled that a mahr agreement signed after the civil ceremony but before the Islamic ceremony was not a valid premarital agreement. Ahmed v. Ahmed, 261 S.W.3d 190; 2008 Tex. App. LEXIS 4660 (2008) Court: Court of Appeals of Texax, 14th District, Houston The court, in favor of the