Friday, April 19, 2019

Enforcement of Mahr Provision In Islamic Marriage Contract Upheld

In Seifeddine v. Jaber, (MI App., April 16, 2019), a Michigan state appellate court rejected a challenge to a trial court's enforcement in a divorce action of the mahr provisions of an Islamic marriage certificate. The provision required the husband to pay $50,000 to his wife. According to the court:
[T]he trial court expressly and repeatedly stated that it was not applying religious principles or doctrines but was instead applying Michigan common law regarding contracts.... Plaintiff makes no argument challenging any particular element for establishing the existence of a contract. Nor does plaintiff cite any authority for his contention that a neutral principle of law must be derived from a statute rather than from Michigan common law when examining a religious document.