ISLAMIC MARRIAGE CONTRACTS - Peaceful Families Project

Law, Religion & Cultural Practices | Muslim Marriages / Islamic Jurisprudence
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To date, the most common ways in which Islamic
marriage contracts have been treated in American
courts are either as simple enforceable contracts
or as prenuptial agreements.
D. Islamic Marriage Contracts in the American Court Room
Every state in the U.S. requires that couples obtain a marriage license from a judge or court
clerk when they marry. Once Muslim couples obtain a state marriage license, like the majority
of Americans, most then have their union solemnized by an imam or religious leader. In the
absence of a state marriage license, for couples with just the imam’s solemnization, some states
will recognize the marriage while others will declare it void. Marriages performed outside the
U.S. must be considered valid as long as the laws of that jurisdiction comply with U.S. public
policy (Oman 2011; Sizemore 2011; Spencer 2011).
Stipulations in Islamic marriage contracts related to compliance during the life of the marriage,
such as agreements regarding gender roles or domestic chores, are generally considered to be
personal service agreements; and since there is judicial preference not to interfere with ongoing
marriages, such stipulations are rarely enforceable (Quraishi & Syeed 2004). Instead, Islamic
marriage contracts are most often presented to courts with regard to the mahr clause, especially
in cases where the amount of the mahr is substantial. Husbands tend to seek litigation in the
interest of invalidating the contract to limit their financial liability upon divorce, while wives
tend to seek enforcement to protect their deferred mahr and personal property (Oman 2011).
Several legal and academic scholars have conducted surveys of Islamic family law in the U.S.,
including the ways in which Islamic marriage contracts are being judged in American courts
(Quraishi & Syeed-Miller 2004; Oman 2011; Blenkhorn 2002; Fournier 2010; Sizemore 2011;
Spencer 2011). To date, the most common ways in which Islamic marriage contracts have been
treated in American courts are either as simple enforceable contracts or as prenuptial agreements.
To determine if an Islamic marriage contract is enforceable, judges look for comparisons
with U.S. legal principles, consider precedent, and consult with experts in the field.