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August 26, 2006

Muslim Marriage Contracts

Muslim marriage contracts have "long been a Muslim tradition. Most, however, contain just one key provision, that of the "mahr," a gift usually of money, that the man gives the woman." From an article in the Washington Post.
"Islamic law experts who advocate for better treatment for women say the documents can help them assert rights under religious law that have long been played down by men. Advocates contend their approach is well within Islamic law, even though skeptics say the interpretation is too influenced by Western thinking.
The contract is especially useful in the United States, where Muslims come from a variety of ethnic backgrounds and follow different customs and levels of observance. The document can accommodate views ranging from liberal to conservative.
Karamah, an organization of Muslim women lawyers based in Washington, is developing a "model" marriage contract that can be adjusted to meet the requirements of family law in different parts of the country, said Azizah al-Hibri, a founder of the group, whose name means "dignity" in Arabic. In the United States, civil law governs divorce, but judges have taken Muslim marriage contracts into consideration, sometimes viewing them as prenuptial agreements."

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