ISLAMIC MARRIAGE CONTRACTS - Peaceful Families Project

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Preface This guide was developed as a resource for legal professionals and advocates working with Muslims, and for Muslim leaders and community members. This resource is meant to provide and clarify information about Islam and gender equality in marriage and divorce, to direct readers to the best practices that safeguard women’s rights and interests, to promote wellbeing and balance for all parties, and to nurture communities. Like the majority of Americans, there are practicing and non-practicing American Muslims who choose to have a religious official solemnize their marriage. In the event of divorce, if enforcement of the mahr (gift) stipulation contained within an Islamic marriage contract is sought, American courts must determine whether the contract is valid under state law. The marriage contract can be enforced as long as the provision does not violate a person’s constitutional rights or public policy, as is the case with Jewish and canon law. This resource aims to highlight the legal issues that may arise, as well as the resources that are available to American Muslim women and their families under the auspices of American law.
Acknowledgements This resource guide would not have been possible without the intellectual contribution and review that was provided by Abed Awad, Mohamed Magid, Kecia Ali, and Zainab Alwani. Their expertise as leading scholars of Islamic and American law was instrumental in guiding the development of this resource. We are indebted to Firoza Chic Dabby at the Asian & Pacific Islander Institute on Domestic Violence for her support and review of this guide, as well as for her longtime commitment to developing resources and programs to benefit Muslim survivors of domestic violence. We are also most grateful to Denise Gamache and staff members at the Battered Women’s Justice <strong>Project</strong>, for supporting the development of this guide to serve as a resource for legal providers working with Muslims, and for Muslim communities alike. The author would also like to acknowledge and thank Salma Elkadi Abugideiri, Irfana Anwer, Gabrielle Davis, and Terry Rauch for offering valuable insight and comments during the review process. The publishers wish to express their appreciation for the photographs contributed by Maha Alkhateeb, and thanks to Kathleen Finney for graphic design.
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52 Resources | Case Law Wael Hallaq
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54 Resources | Glossary Term ‘Ism
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56 Resources | Legal Organizations
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62 Resources | Premarital Questions
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72 Resources | Websites Resources,
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ISLAMIC MARRIAGE CONTRACTS - Peaceful Families Project

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