Conflict of Laws and Jurisdiction
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Abstract
Abstract
Abstract Islamic marriage agreements include a Mahr, which is a financial promise from husband to wife triggered by divorce or death. Intended to protect women's financial stability, Mahr enforcement in U.S. Courts, particularly in New York, is inconsistent. Some Courts treat Mahr as a prenuptial agreement, others as a religious obligation, leading to confusion and inequity. This patchwork approach undermines contract rights and risks constitutional entanglement. A clearer, secular framework that eliminates the rigid acknowledgment requirement of DRL § 236(B)(3) and applies neutral contract principles such as intent, clarity, and fairness, can yield more equitable outcomes while honoring religiously informed expectations.
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@article{Bukhari2026Faith,
title = {Faith in the fine print: Enforcing Mahr agreements in New York divorce proceedings},
author = {Syed Bukhari},
journal = {Family Court Review},
year = {2026},
doi = {10.1111/fcre.70103},
url = {https://doi.org/10.1111/fcre.70103}
}FAQ
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