04/12/2020
Iranian Mahr (Dowry) Enforceable as Contract between Two Fiduciaries - In a consolidated appeal, Court of Special Appeals in Maryland ruled that promise of Husband(s) to pay Islamic mahr to Wife(ves) IS an enforceable contract between two fiduciaries. The cases involved two Iranian couples.
Held: Provisions in religious marriage contracts may be enforced by a Maryland court if, but only if, their secular terms are enforceable under neutral principles of contract law.
The Court did not differentiate if the mahr was entered in Iran or U.S., prior to or after the U.S. marriage, or prior enforcement in Iran. In reaching result the Court relied heavily on famous California cases including: Turfe (2018, nature of mahr) ; Bonds (2000, aspects of premarital contracts); Dajani (1988, dowry is not dower); Noghrey (1985, enforcement contingent on divorce); and Dowly (1976, no unreasonable violation of public policy).
Link to cases:
PUBLISHED CASES 2020: Nouri & Ghazirad [Nos. 585,2273, September Term, 2018] Iranian Mahr Enforceable in Maryland as Contract Between Fiduciaries2008: Aleem v. Aleem [947 A2d 489] Maryland does no