In Alulddin v. Alfartousi, (AZ App., June 27, 2023), an Arizona state appeals court held that civil courts can enforce an Islamic marriage contract's dowry provision (mahr) as a valid premarital agreement without violating the 1st Amendment's free exercise clause. The court said in part:
By its plain terms, the Agreement required Husband to pay Wife a total dowry of $25,000 “when she demands it.” These clear, unambiguous contractual provisions are subject to interpretation under neutral principles of law.... Thus, the superior court did not need to assume the role of a religious court or consider ecclesiastical matters forbidden by the First Amendment to enforce the agreement as written.
... A premarital agreement is “an agreement between prospective spouses that is made in contemplation of marriage and that is effective on marriage.” A.R.S. § 25-201(1).... It “is enforceable without consideration.” ...
Husband contends that the parties did not enter into the Agreement in contemplation of marriage because under Islamic law the Agreement constituted their marriage. The record controverts this contention. The parties signed the Agreement five months before their legal marriage. Although Husband testified that it signified their cultural marriage, he also stated that they signed it on their “engagement.” Moreover, he testified that their actual marriage occurred after the execution of the Agreement....
Next, Husband asserts that he did not sign the Agreement voluntarily because it was a compulsory religious act....
Here, the superior court did not err in finding that Husband failed to meet his burden of proof. He did not present any evidence to suggest that his religion “mandated” or “compelled” him to sign the Agreement. In his prehearing statement, he described the Agreement as “customary”—not compulsory—in a Muslim marriage....
