Thursday, July 24, 2008

Islamic Marriages, Dowry and Texas Law

A bit off the beaten path, this post comes from the Houston Courts & Cases Blog's Texas Family Code & Islamic Marriage. I am not so sure that Indiana would not reach the same result but I am very much inclined to agree with what I read below of the dissent. If not a pre-nuptial agreement then why not a post-nuptial agreement?

"...In this case of an arranged marriage gone awry, the court of appeals reverses judgment on an agreement for the husband to pay the wife $50,000, made pursuant to Islamic custom, holding that the parties were already married when the deal was made, which means that it could not be enforced as a premarital agreement, the legal theory upon which the trial court had relied in making the award. The judgment, including the property division, is reversed and remanded to the trial. One panel member, former Harris County divorce court judge Eva Guzman, wrote separately, criticising the majority for going out of its way to suggest that the trial court consider another - valid - theory to uphold the award of the money in dispute to the wife."
By the way, the blog excerpts the court's opinion at length for those wanting more detail.

For those wanting a bit more about Islam and women, I did find Women in Islam.

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