Enforceability of mahr under a sharīʿa law-based contract in New Zealand: a comparison with United Kingdom, Australia, and Canada

Abstract

Enforcement of sharīʿa-based marriage contracts, which contain provisions for the payment of mahr (dowry/dower) upon death of husband or divorce by either party, has proven to be quite challenging in jurisdictions such as the UK, Australia, and Canada. New Zealand courts are currently dealing with their first such case. In undertaking a comparative analysis, this article highlights that a statutory framework for dealing with such claims is better suited than simply enforcing it as a simple contract, which has the potential to produce unjust and inequitable results.