Case Studies
Case Studies
The law is still developing around these issues.
The American courts are facing challenges to provide adequate remedies that are affecting the Muslim community.
Read more blogs here : https://karamah.org/resources/articles/
Chaudry v. Chaudry
The Court, in favor of the Husband, recognized a talaq validated by a Pakistani court and denied spousal support to the Wife. Chaudry v. Chaudry, 159 N.J. Super. 566; 388 A.2d 1000 (N.J. Super. Ct. 1978) Court: Superior Court of New Jersey, Appellate Division Husband...
Aleem v. Aleem
The Court, in favor of the Wife, held that a talaq divorce obtained in accordance to Pakistani law could not be enforced by comity because it was so contrary to Maryland public policy. Aleem v. Aleem, 931 A.2d 1123; 175 Md. App. 663 (Md. Ct. Spec. App. 2006) Court:...
Ahmad v. Ahmad
The Court, in favor of the Wife, affirmed decisions granting her division of the marital assets, spousal support and attorney fees. Ahmad v. Ahmad, 2001 Ohio App. LEXIS 5303 (2001) Court: Court of Appeals of Ohio, 6th Appellate District, Lucas County Husband and Wife...
In re Marriage of Obaidi
The court, in favor of the husband, found that a mahr agreement that the husband signed without knowing the terms of the agreement was invalid and unenforceable. In re Marriage of Obaidi, 154 Wn. App. 609; 226 P.3d 787 (2010) Court: Court of Appeals of Washington,...
In re Marriage of Dajani
The court, in favor of the Husband, found the dowry provision of a foreign marriage contract void and against public policy when the beneficiary of the provision initiated divorce. In re Marriage of Dajani, 204 Cal. App. 3d 1387; 251 Cal. Rptr. 871 (1988) Court: Court...
In re Marriage of Shaban
The court awarded Wife assets in accordance to California community property law where the Husband could not prove the existence of a prenuptial agreement apart from the testimony of an Islamic Law expert. In re Marriage of Shaban, 88 Cal. App. 4th 398; 105 Cal. Rptr....
Odatalla v. Odatalla
The court, in favor of the wife, held a mahr agreement enforceable where it was enforceable based on contracts law and met the state’s standards for contracts. Odatalla v. Odatalla, 355 N.J. Super. 305; 810 A.2d 93 (Ch. Div. 2002)Court: Superior Court of New Jersey,...
Rahman v. Hossain
العربية( حكمت المحكمة لصالح الزوج بأن ترد الزوجة جزء المهر / الصداق المدفوع مقدما، واعتمدت المحكمة على شهادة شاهد العدل الذي أحضره الزوج).بأن الصداق يمكن رده في الحاالت التي تكون فيها الزوجة مخطئة في طلب الطالق Rahman v. Hossain 2010 العربية( حكمت المحكمة لصالح الزوج...
Zawahiri v. Alwattar
The Court invalided a mahr agreement where the Husband entered into the agreement under coercion.Zawahiri v. Alwattar, 2008 Ohio 3473 (2008) Court: Court of Appeals of Ohio, 10th Appellate District, Franklin CountyHusband and Wife were married in Ohio. Two hours...