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Reason
Reason
Eugene Volokh

Religious Marriage-Related Agreements Can Be Enforced by American Courts, but Only When They Comply With State Law

From Khan v. Hasan, decided Wednesday by the New York intermediate appellate court (Judges Angela G. Iannacci, Cheryl E. Chambers, William G. Ford & Lillian Wan), a good illustration of how American law generally treats religious agreements:

The parties were married in a civil ceremony on March 2, 2016, and subsequently held a religious ceremony on September 12, 2016. The parties' religious certificate of marriage, which was signed by two witnesses and an imam, but was not acknowledged, lists an amount of $50,000 for "Meher." The parties assert that a Meher or Mahr agreement is an agreement between the parties to a marriage, in accordance with Islamic law, that the husband will pay to the wife a specified sum in the event of a divorce.

The parties eventually divorced, and the husband sought to set aside the Mahr; the court agreed:

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