A landmark judgment is due to be made this week that could bring part of UK law in line with Sharia law’s position regarding the Mahr.
A Mahr is one of the key aspects of an Islamic marriage contract. It is a gift, or a promise of a gift, to the wife by the husband, which is agreed between the bride’s parents and the groom shortly before the marriage.
Under Sharia law, the wife has the right to ask for her full Mahr at any time during her marriage or upon its dissolution.
However, under UK civil law they are currently unable to demand its payment in full on divorce. They must instead apply to the family court, which typically demands only the partial payment of the money as part of the overall financial settlement.
Until now, the UK courts have dealt only with cases involving written Mahr contracts. The case in question is the first involving an alleged oral contract to be heard in the UK courts.
A woman had taken her ex-husband, former mother-in-law and former father-in-law to court to demand the full payment of her Mahr, which she says is worth approximately £55,000.
The couple had a mutually agreed arranged marriage in England in 2017, but later separated and were divorced in 2018. Her former-in-laws paid her £5,005 for the Mahr but have refused to pay the remaining sum that she says she was promised verbally before and at the wedding ceremony.
The ruling is likely to have a massive impact on future rulings as there is currently no established case law or parliamentary law dealing with women in this position.
If the court finds in the woman’s favour, the case will set a precedent that cases involving Mahr can be heard at UK county courts for a breach of contract and the family court as part of financial settlement.
This would apply to women of all cultural backgrounds, where the tradition of giving Mahr is practised, regardless of their immigration status in the UK and whether the contract was in oral or written form.
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