Islamic Marriage Contracts: A Resource Guide for Legal Professionals, Advocates, Imams & Communities

This guide was developed as a resource for legal professionals and advocates working with Muslims, and for Muslim leaders and community members. This resource is meant to provide and clarify information about Islam and gender equality in marriage and divorce, to direct readers to the best practices that safeguard women’s rights and interests, to promote well-being and balance for all parties, and to nurture communities.

Goal: 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.