Editing Mahr (section)

==Differences and issues==

Mahr is similar in legal enforceability to ''[[donatio propter nuptias]]'' of [[Corpus Juris Civilis|Eastern Roman law]], except some critical differences.<ref>The Personal Law of the Mahommedans: According to All the Schools, Syed Ameer Ali, WH Allen & Company, London, pp. 299-300</ref> ''Donatio propter nuptias'' was optional and voluntary, while mahr is mandatory and required for all Muslim marriages. Mahr is not an optional gift.<ref>Kecia Ali, "Marriage in Classical Islamic Jurisprudence: A Survey of Doctrines", in ''The Islamic Marriage Contract: Case Studies in Islamic Family Law'' 11, 19 (Asifa Quraishi & Frank E. Vogel eds., 2008).</ref><ref>{{cite web|url=http://legaldictionary.lawin.org/donatio-propter-nuptias/|title=Donatio Propter Nuptias|publisher=legaldictionary.lawin.org}}</ref> The other difference was that ''donatio propter nuptias'' was a security the groom delivered to bride or registered in her name, at the time of marriage, in exchange for ''dos'' (dowry) that came with the bride.<ref>{{cite web|first=Georg |last=Long |url=https://penelope.uchicago.edu/Thayer/E/Roman/Texts/secondary/SMIGRA*/Donatio_propter_Nuptias.html |title=Donatio propter Nuptias in William Smith, A Dictionary of Greek and Roman Antiquities, John Murray, London, 1875}}</ref><ref>Ortolan, Explication Historique des Instituts, vol. I, page 478-480</ref> Mahr is a religious requirement according to [[Sharia]].

Under Islamic law, there is no concept of marital property.  In Islam, marriage is a contract between a man and his wife. A Muslim man and woman do not merge their legal identity upon marriage. The assets of the man before the marriage, and earned after the marriage, remain his during marriage, and in case of a divorce.<ref>Ahmad v. Ahmad, No. L-00-1391, 2001 WL 1518116 (Ohio Ct. App. Nov. 30, 2001)</ref>

A divorce under Islamic law does not require redistribution of property. Rather, each spouse walks away from the marriage with his or her individual property. Divorcing Muslim women who did not work outside their home after marriage, except for the deferred mahr, are left with little or no claim on the collective wealth of the couple. The deferred mahr is considered a debt owed by the man to the woman, and is owed even if he has no assets.<ref>Jamal Nasir, ''The Status of Women Under Islamic Law and Modern Islamic Legislation'', 3d edition, 2009</ref><ref>Sameena Nazir and Leigh Tomppert, Ed., Women’s Rights in the Middle East and North Africa, Rowman and Littlefield Publishers, 2005)</ref>

Divorce under Islamic law may take many forms. If a woman wishes to divorce her husband she has two options: seek a ''tafriq'', or seek a ''[[khul'|khulʿ]]''. A ''tafriq'' is a divorce for certain allowable reasons, such as abuse or abandonment. This divorce is granted by a ''[[qadi]]'', a religious judge. If a tafriq is granted, the marriage is dissolved and the husband is obligated to pay the wife the deferred mahr specified in their marriage contract. The second method, ''khulʿ'' is a divorce without cause, by mutual consent. This divorce requires a husband's consent and it must be supported by consideration that passes from the wife to the husband. Often, this consideration consists of the wife relinquishing her claim to the deferred mahr. In contrast to allowable methods of divorce to a woman, a husband may unilaterally divorce his wife, as ''[[talaq]]'', however, if he does it for no reason and no explanation, it is not allowed. However, upon talaq, the husband must pay the wife her deferred mahr.<ref>Wael B. Hallaq, Sharia: Theory, Practice, Transformations, p. 271 (2009)</ref>

Western courts have treated mahr provisions in a manner similar to pre-marital contracts. However, in many cases the courts have considered the validity of the marriage contract in cases such as where proper disclosures were not made at the time of marriage, the bride and groom did not separately consent without duress, and in case the bride or both spouses entered into a [[child marriage]] prior to legal age of consent.<ref>[http://scholarship.law.wm.edu/facpubs/1126 Bargaining in the Shadow of God's Law: Islamic Mahr Contracts and the Perils of Legal Specialization], Nathan B. Oman, William & Mary Law School (2010)</ref><ref>Freeland, Richard (2000), Islamic Institution of Mahr and American Law, The. Gonz. Journal Int'l Law, 4, 31</ref>