Abstract

http://ssrn.com/abstract=1969077
 
 

Footnotes (310)



 


 



How to Judge Shari'a Contracts: A Guide to Islamic Marriage Agreements in American Courts


Nathan B. Oman


William & Mary Law School

2011

Utah Law Review, Vol. 2011, No. 1, p. 287, 2011
William & Mary Law School Research Paper No. 09-179

Abstract:     
This Article thus has two goals. The first is to show how the Muslim conception of marriage diverges from the Christian-influenced norms that dominate American law and society. Understanding this divergence provides a necessary background to Islamic mahr contracts. The second goal is to provide lawyers and judges with a doctrinal framework within our current law for analyzing these contracts and reaching sensible results in concrete cases.

The remainder of this Article will proceed as follows: Part II provides an introduction to Islamic law in general, and the law of marriage and divorce in particular, as well as some discussion of how these rules function in practice. Part III summarizes the way in which American courts have dealt with mahr contracts, showing how both husbands and wives seek to deploy arguments based on contract law, the law of premarital agreements, and constitutional law. Part IV provides a framework for analyzing mahr contracts. It argues that such contracts are best dealt with using traditional contract doctrines. Indeed, once the meaning of mahr contracts are properly understood, this Article argues that the common law of contracts is capable of dealing with potential problems presented by mahr contracts without any dramatic legal innovations.

Number of Pages in PDF File: 49

Keywords: Mahr, Sadaq, Sharia, Islamic Law, Contract, Prenuptial Agreement, Establishment Clause, Muslim

Accepted Paper Series


Download This Paper

Date posted: December 7, 2011  

Suggested Citation

Oman, Nathan B., How to Judge Shari'a Contracts: A Guide to Islamic Marriage Agreements in American Courts (2011). Utah Law Review, Vol. 2011, No. 1, p. 287, 2011; William & Mary Law School Research Paper No. 09-179. Available at SSRN: http://ssrn.com/abstract=1969077

Contact Information

Nathan B. Oman (Contact Author)
William & Mary Law School ( email )
South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States
HOME PAGE: http://nboman.people.wm.edu
Feedback to SSRN


Paper statistics
Abstract Views: 1,060
Downloads: 236
Download Rank: 73,181
Footnotes:  310

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.297 seconds