Two recent decisions in Texas denied payment of Islamic Mahr to Wives for different reasons.
In Qutiefan v. Safi, No. 01-18-00425-CV, the Court of Appeals of Texas, First District (Houston), affirmed Trial Court’s decision denying unspecified Dowry. Neither Trial nor the Appellate Courts provided a factual or legal reason. The 17 years of marriage between two Palestinians created 5 unhealthy children. The marriage certificate mentioned existence of a Dowry but not its nature or its value. Such a Dowry in enforceable in Islamic Jurisprudence based on Status of Wife or Husband. There was unequal division of assets in favor of the Wife and order for payment of child support and attorney fee to her, but no spousal support or Dowry. The Appellate Court did not find an abuse of discretion.
In IRMO Mohamed and Ahmed, No. 14-18-01029-CV, another Court of Appeals of Texas, Fourteenth District (Houston) confirmed Trial Court’s denial of Common Law marriage under Texas Law, thereby no Dowry. The parties lived together for four years in Husband’s house, but in different rooms, and had sex one time. There were testimony re marriage ceremony in a Mosque, holding out to public as Husband and Wife, and calling Wife’s son as Husband’s “step-child”. Yet the Trial Court received and believed evidence of Wife presenting herself to the Federal and State agencies as unmarried and being a renter in husband’s house.
