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MONTGOMERY COUNTY TRIAL COURT UPHOLDS MAHR PROVISION CONTAINED IN ISLAMIC MARRIAGE CONTRACT

In a recent divorce case handled by Stern & Associates, with co-counsel Fred Rejali, Esq., a Montgomery County Judge upheld a mahr provision contained in an Islamic Marriage Contract and awarded the wife the mahr amount due her under the parties’ agreement.

A central issue in this contested divorce case was the validity of a mahr provision contained in the parties’ Islamic Marriage Contract.  The mahr, which is akin to the concept of dowry, is often referred to as the “marital portion” of an Islamic Marriage Contract.  The parties’ mahr provision, which was contained in the marriage contract executed on the day of their wedding, provided that the husband would pay the wife a certain number of gold coins upon her demand.  Following the parties’ separation, the wife demanded that the husband pay her the mahr amount.

At trial, the husband contended that the mahr was invalid, was contrary to Maryland law and should not be enforced by the Court.

In its decision, the Trial Court rejected the husband’s arguments, upheld the mahr and awarded the wife the sum due her under the parties’ marriage contract.  The Court held that the parties’ agreement was not contrary to Maryland law and was enforceable.  The Court considered the award of the mahr amount received by the wife when it determined whether to make a monetary award in the case.

Abed Awad, Esq. served as the wife’s expert witness on the mahr issue.

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