Tue, 17 Aug 2021
Parminder Saini of No5 advised the legal team in a landmark case backed by a women’s charity (Southall Black Sisters), which could see UK law align itself with sharia law in enforcing contractual disputes over payments of "Mahr" (i.e. financial security for married women, sometimes referred to in the West as a "Bride Price").
Formulated at or before the time of an Islamic marriage, mahr represents an obligation that falls upon a groom in favour of a bride to provide her with consideration (in the form of money, possessions, goods or property etc.) that is typically stipulated within the marriage contract but which formality has increasingly been entered into orally.
The importance of Mahr cannot be overstated given that its aims include establishing a bride's financial independence. It is anticipated that the County Court will need to grapple with the ownership of gifts conveyed at the time of marriage and the enforceability in contract of the provisions of the mahr, conveyed orally, as opposed to in writing.
Parminder is available to assist in similar legal challenges and may be contacted through the clerking team.
The following article in The Guardian discusses the case in further detail: