Newsday reported yesterday that an Essex County, New Jersey trial court has refused to enforce a previous agreement between a divorcing husband and wife that if the marriage broke up, the wife would get $50,000 as the mahr-- a payment to the wife that is part of the traditional marriage contract under Islamic law. American Muslims are increasingly asking civil courts to intervene in religious disputes such as this. In a similar case in 2002, a court in Passaic County upheld a $10,000 mahr as a legally enforceable contract between the husband and wife.
UPDATE: The case is Attia v. Amin (20-4-4287, Chancery Div., Essex County). Apparently the court's refusal to enforce the agreement stemmed from its conclusion that the amount of the payment was unfair and inequitable. Also important to the court was its finding that the agreement had been signed by the husband under duress, out of fear that if he did not do so the marriage would not take place and he would be deported. [From Daily Decision Alert forwarded by Steven Sholk, from Gibbons, Del Deo, Dolan, Griffinger & Vecchione, P.C.]
