A case of mistaken identity: The wrongful classification of Islamic marriage contracts as premarital agreements in New York

• Published date: 01 January 2023
• Author: Angelina Sferra
• Date: 01 January 2023
• DOI: http://doi.org/10.1111/fcre.12697

STUDENT NOTES

A case of mistaken identity: The wrongful

classification of Islamic marriage contracts as

premarital agreements in New York

Angelina Sferra

Maurice A. Deane School of Law at Hofstra

University, Hempstead, New York, USA

Correspondence

Angelina Sferra, Maurice A. Deane School of

Law at Hofstra University, 121 Hofstra

University, Hempstead, NY 11549 USA.

Email: asferra1@pride.hofstra.edu

Abstract

New York precedent has mischaracterized Islamic marriage

contracts, or nikah agreements, as premarital agreements.

Nikah agreements are not premarital agreements; they are

contracts. This mischaracterization has subjected nikah

agreements to the acknowledgement requirement codified

in N.Y. DRL § 236(B)(3) which has incorrectly been used to

strike down valid contracts which Islamic litigants rely

on. To prevent the effects of this mischaracterization, this

Note suggests to New York appellate courts that a

recharacterization of these agreements as contracts would

prevent further confusion amongst the lower courts and

allow for clearer, more uniform decisions.

KEYWORDS

divorce, DRL § 236(B)(3), enforceability, Islam, Mahr, marriage

contract, New York, Nikah, marital agreement, religion,

unacknowledged

Key points for the family court community

•Islam is a major world religion with 1.9 billion followers

globally.

•N.Y. DRL § 236(B)(3) contains an acknowledgement

requirement for all marital agreements but acknowledg-

ment is not required in the Islamic marriage tradition for

the creation of a valid marriage.

•Matisoff v. Dobi and Galetta v. Galetta have established

that marital agreements must strictly comply with

DOI: 10.1111/fcre.12697

© 2022 Association of Family and Conciliation Courts.

Family Court Rev. 2023;61:175–188. wileyonlinelibrary.com/journal/fcre 175