Like the majority of Americans, there are practicing and non-practicing American Muslims who choose to have a religious official solemnize their marriage. In the event of divorce, if enforcement of the mahr (gift) stipulation contained within an Islamic marriage contract is sought, American courts must determine whether the contract is valid under state law. The marriage contract can be enforced as long as the provision does not violate a person’s constitutional rights or public policy, as is the case with Jewish and canon law. This resource aims to highlight the legal issues that may arise, as well as the resources that are available to American Muslim women and their families under the auspices of American law.
Islamic Marriage Contracts: A Resource Guide for Legal Professionals, Advocates, Imams, and Communities (2012)