« Ind. Decisions - No COA opinions today | Main | Environment. - BioTown, USA. Remember little Reynolds, Indiana? Population 500 »
Thursday, November 01, 2007
Law - "Woman to appeal decision against Muslim marriage contract"
Emily Zeugner of the AP reports, in a story that begins:
COLUMBUS, Ohio (AP) — A woman plans to challenge Ohio's first court ruling involving a traditional Muslim marriage agreement in a case that could set a precedent about how such religious contracts are handled in the state.See also this ABA Journal Blog entry by Martha Nell, which cites the AP story and provides several other links.The ruling says Mohammed Zawahiri does not have to pay his former wife, Raghad Alwattar, the $25,000 he promised as part of a Muslim pre-marriage agreement — called a mahr — because the payment is part of a religious pact, not a legal contract. Alwattar plans to appeal, her lawyer said.
The decision was a departure from rulings in other states, which have enforced such contracts, similar to dowries, by citing precedents set by civil rulings that enforced Orthodox Jewish marriage contracts.
The ruling sets a dangerous precedent for Muslim women because the contract serves as a protection and safeguard for women who often marry young and do not earn salaries, Alwattar's attorney, Noure Alo, said Wednesday. After a divorce, it can be difficult for a Muslim woman to marry again, he said.
The issue is especially pertinent as Muslim couples increasingly turn to the secular court system for disputes that traditionally would have been resolved by a religious leader, said Jennifer Nimer, legal director for Council on American-Islamic Relations Ohio.
Alwattar, 21, said the mahr should be considered a prenuptial agreement under Ohio law.
Zawahiri, 29, argued that he didn't fully realize the terms of the agreement at the time he signed it, just minutes before the wedding. Zawahiri thought the contract was just a formality before marriage, said James Adair, his attorney.
Franklin County Common Pleas Judge Dana Priesse agreed, ruling Oct. 10 that the contract could not be considered a prenuptial agreement, designed to protect a person's assets in a divorce, because Zawahiri did not have time to consult an attorney.
Other states have dealt differently with the issue: in 2002, a New Jersey Court ruled that a man owed his wife her $10,000 dowry after their divorce because the secular parts of the marriage contract could be enforced, and a New York court made a similar ruling in 1985.
Until a legal precedent is set, Muslim couples should draft mahrs so they meet the legal requirements of prenuptial agreements, Nimer said. Mouhamed Tarazi, a Columbus imam who brokers mahr agreements, has said he will make grooms sign a promissory note to ensure the contract is enforceable in civil court.
Posted by Marcia Oddi on November 1, 2007 06:38 PM
Posted to General Law Related