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Family

Feb. 20, 2020

Law is unclear on Muslim marriage contracts in California

The California Court of Appeal recently examined a novel legal theory made by a Muslim husband who claimed that he was fraudulently induced to marry his wife because, by executing the Islamic marriage contract, the wife had agreed that her property rights in the event of divorce would be exclusively limited to those contained in the contract. By seeking additional property rights not contained in their marriage contract, the husband argued his wife committed a fraud that warranted an annulment.

Abed Awad

Founding Partner
Awad & Khoury LLP

Abed is a fellow of the International Academy of Family Lawyers. Awad also is an adjunct law professor at Rutgers Law School, Newark, and has taught at Pace Law School and Seton Hall Law School. Awad is a national Islamic law expert. He has testified in court as an Islamic law expert more than 50 times around the country. He also has done many expert cases in Canada and England.

The California Court of Appeal in In re Marriage of Turfe, 23 Cal. App. 5th. 1118 (2018), examined a novel legal theory made by a Muslim husband who claimed that he was fraudulently induced to marry his wife because, by executing the Islamic marriage contract, the wife had agreed that her property rights in the event of divorce would be exclusively limited to those cont...

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