When Muslim couples marry, their nikah contract typically includes a mahr (also known as mehr, meher, sadaq, or dowry)—a mandatory component of Islamic marriage consisting of a gift or payment from the groom to the bride. Mahr is intended to serve multiple purposes: a symbol of respect, a financial right for the bride, and in many interpretations, an economic protection in the event of divorce.

In Illinois, where couples come from diverse cultural and religious backgrounds, the question of whether a mahr is legally enforceable often arises during divorce proceedings. The short answer is: Illinois courts may enforce a mahr agreement - it is mostly likely when it satisfies the requirements of a valid contract under Illinois law, or takes the place of maintenance (alimony).

This blog post outlines how Illinois courts approach mahr, what factors matter in determining enforceability, and what Muslim women in Illinois should know when asserting their contractual rights in a domestic relations case.

As a domestic violence attorney, I’ve witnessed the devastating impact of toxic masculinity. It’s not an abstract concept unique to TV shows and movie plots. It’s a pervasive force that manifests in courtrooms, shelters and homes, leading to domestic violence, sexual assault and other forms of abuse. When I watched Netflix’s “Adolescence,” I saw a necessary and unflinching portrayal of issues our society needs to confront.

Conflict is a natural part of relationships, and it can come about in the form of a business conflict, a conflict in a familiar or employer relationship, or even divorce. Litigation is one means to resolving these issues, but not the only means, and sometimes, not even the best means. Court can be timely, costly, and emotionally taxing. Many faith groups offer alternative methods to dispute resolution, such as mediation, that often provide a more efficient option. 

One of the most common phrases we hear from our clients who have endured domestic violence is, “I wish I knew this before.”  Many people are surprised to find out that domestic violence is not limited to physical abuse, but also takes the form of verbal, emotional, financial, and psychological abuse. If there is physical abuse in a domestic relationship, one remedy available is an order of protection. However, someone is able to pursue an order of protection even when there is no actual physical abuse, but when there is one of the other forms of abuse:

When I started working as an attorney, I was often in court litigating cases of domestic violence. Most of my clients were women, and many were also immigrants or minorities. I found that being a young, minority woman myself helped me build rapport with them. They often asked me where I was from or how I got into this field, and I believe they felt more comfortable discussing sensitive issues with me, including issues of sexual and domestic violence.

However, I did not have the same advantages in the courtroom.