Maryland recognizes Islamic Mahr
PUBLISHED CASES
- 2023: Mehrabian v. Norouzi, 1940-2021 [Md. App. Apr 03, 2023] Dowry Waiver Effective After Iranian Divorce
- 2020: Nouri & Ghazirad [Nos. 585,2273, September Term, 2018] Iranian Mahr Enforceable in Maryland as Contract Between Fiduciaries
- 2013: Tshiani [81 A.3d 414] Live goat as Dowry supports traditional marriage in Congo.
- 2012: Tshiani v. Tshiani [56 A. 3d 311- MD] Exchange of Dowry traditional marriage in Zaire customary law
- 2009: Gomis v. Holder [571 F.3d 353] Payment of Dowry in Senegal does not establish relief for asylum for female genital mutilation.
- 2008: Aleem v. Aleem [947 A2d 489] Maryland does not recognize Pakistani Consular divorce.
- 2007: Aleem v. Aleem, [931 A.2d 1123] Pakistani divorce does not bar equal division of property under Maryland law.
- 2007: Haoua v. Gonzalez [472 F.3d 227] Receipt of substantial Dowry in Niger established relief for asylum due to female genital mutilation (FGM)
UNPUBLISHED CASES
- 2022: AGREED MAHR PAID IN IRAN SATISFIES SUBSEQUENT JUDGMENT IN MARYLAND: In this unpublished Case, the Appellate Court confirmed the Judgment of the Trial Court, which found enforcement of Judgement amounts to collecting the same debt more than once. NOTE: The Court uses the term “MEHR” (love in Farsi) instead of “MAHR” (bridal promissory gift). Many Iranians use the word interchangeably without knowing the difference.
- 2021: NOROUZI v. MEHRABIAN, MARYLAND (Circuit Court for Montgomery County, April 16, 2021, Case No. 458009-V): Dispute over agreement re Iranian Dowry not subject to Declaratory Judgment (Unpublished)
In this Unpublished Case, Wife raised two issues on Appeal:
1. Did the trial court err or abuse its discretion by dismissing her declaratory judgment action and therefore not addressing the contract interpretation question it raised?
2. Did the trial court err by ruling that resolution of the contract interpretation question presented in the declaratory judgment action would require prohibited judicial review of a religious question? The appellate Court found that under Maryland law, CJP section 3-409(d), “[p]roceeding by declaratory judgment is not permitted in any case in which divorce . . . is sought[,]”. Accordingly the Court affirmed the Trial Court’s judgment and found not necessary to address the second question.
RELATED CASES
- 2020: Vaughn v. Faith Bible Church of Sudlersville, et al, Court of Special Appeals. In Maryland, non-religious disputed decision by a Church may be resolved by the civil courts.
RELEVANT CODE SECTIONS
SAMPLE PLEADING
LEGAL ANALYSIS
- Dowry Waiver Effective After Iranian Divorce
In Mehrabian v. Norouzi, 1940-2021 (Md. App. Apr 03, 2023), the Appellate Court of Maryland addressed whether an Iranian wife’s agreement to waive her Iranian mehrieh Sic111 (Dowry) was triggered by a Maryland civil divorce alone or required both a Maryland and an Iranian divorce. The parties’ mediated a Term Sheet which required waiver of the dowry within sixty days of entry of a “Judgment of Absolute Divorce.” The court found that phrase ambiguous and upheld the trial court’s consideration of extrinsic evidence showing the parties intended it to include an Iranian divorce as well. Because under Iranian law only the husband can grant the divorce, the court ordered him to complete the necessary steps to effectuate the Iranian divorce, after which the wife would waive her Mahr. The appellate court also affirmed the award of legal custody tie-breaking authority to the mother, concluding there was no abuse of discretion and that the agreement was properly construed under neutral contract principles consistent with Maryland public policy.
- Mahr or Mahrieh ↩︎