MUSLIM MAHR AGREEMENT VOIDED BY GOURVITZ FIRM IN NEW JERSEY COURT

A Muslim Mahr Agreement is a Dower Agreement entered into between Muslims in which the Husband pays an amount at the time of the marriage, and promises to pay an additional amount at a later date, usually the termination of a marriage, if the parties are divorced.  In this case, the Wife sought a divorce, and the Husband did not counterclaim and only filed an Appearance.  Upon cross-examination of the Plaintiff’s expert, Iman, was discerned that the payment should be only made if the man divorces the women, or she divorces him and was at fault.  In this case, the action was filed on the grounds of irreconcilable differences, and thus no finding of fault.  Since Husband did not file a counterclaim, and was not “divorcing his wife,” the Court found factually that she had no claim.