New Jersey recognizes Islamic Mahr, and adopts Uniform Premarital Agreement Act (UPAA)
PUBLISHED CASES
- 2010: Rahman v. Hossain [N.J. Super.] Omitted information affecting marital relationship reuires return of Islaimc Mahr paid under Bangladesh Islamic custom.
- 2002: ODATALLA, v. ODATALLA [810 A.2d 93] Palestinian Dowry of $10,000 was adequately recorded and enforced as “free exercise” of religious beliefs in New Jersey.
- 1978: Chaudry [159 N.J. Super 566] Consulate divorce was confirmed by Pakistan Court awarding Wife $1,500 Dowry, binding in N.J. under Comity.
UNPUBLISHED CASES
- 2016: Pervaiz v. Iqbal: Trial Court erred on awarding $8,000 Islamic Dowry in New Jersey marriage contested by duress and meeting of the minds.
RELATED CASES
- 2003: Mayer-Kolker v. Kolker [819 A.2d 17] Appellate Court noted that “… the trial judge changed his mind that the Superior Court has authority to enforce a ketubah in light of his conclusion that he had authority to enforce an Islamic Mahr agreement in Odatalla v. Odatalla, 355 N.J.Super. 305, 311, 810 A.2d 93 (Ch. Div.2002).
- 1992: Schwartz v. Schwartz [153 Misc.2d 789] The courts may use “neutral principles of law” to resolve disputes touching on religious concerns (such as recognition of a mahr.
- 1989: Shayegan [237 N.J. Super.46; 566 A.2d 1164] Iranian custom of interspousal separate funds rebuts presumption of gift.
- 1987: Shayegan [9 N.J. Tax 452] Funds transferred by Wife to Husband was not Dowry yet subject to the Resulting Trust.
- 1979: Record Museum v. Lawrence Tp [481 F.Supp. 768] Language changes. “Paraphernalia” adopted directly from the ancient Greek word for Dowry (paraphernos thing carried beside).