NJSBA Family Law Section

This message has been cross posted to the following Discussions: Family Law and Young Lawyers Division .
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I have a potential client coming in tomorrow for a consultation. The only information I have thus far is that he was married civilly in the United States but religiously through his Mosque. During the religious ceremony he signed a document stating that in the case of a divorce he would owe his wife a monetary amount of $15,000. I have not seen any documents yet but was curious if anyone has come across these monetary obligations under the religious ceremony and whether they would stand up in a civil divorce. Thank you in advance for your input and advice.

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Marissa Hirsch Esq.
Jersey City, NJ
(201)798-8000
[email protected]
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See Odatalla v. Odatalla, 355 N.J. Super. 305;






John L. Weichsel

Member of N.J. and N.Y. Bar

79 Main St.

Hackensack, NJ 07601

201 488 1400 (T)

201 488 3970 (F)

<mailto:[email protected]> [email protected]



This Email contains confidential information. This information is solely
intended for use by the individual entity named as the recipient (s) hereof.
If you are not the intended recipient, be aware that any disclosure,
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prohibited. If you have received this transmission in error, please notify
us immediately so we may arrange to retrieve this transmission at no cost to
you.


Original Message------

This message has been cross posted to the following Discussions: Family Law and Young Lawyers Division .
-------------------------------------------
I have a potential client coming in tomorrow for a consultation. The only information I have thus far is that he was married civilly in the United States but religiously through his Mosque. During the religious ceremony he signed a document stating that in the case of a divorce he would owe his wife a monetary amount of $15,000. I have not seen any documents yet but was curious if anyone has come across these monetary obligations under the religious ceremony and whether they would stand up in a civil divorce. Thank you in advance for your input and advice.

-------------------------------------------
Marissa Hirsch Esq.
Jersey City, NJ
(201)798-8000
[email protected]
-------------------------------------------</mailto:[email protected]>

Hello Marissa,

I have a similar situation where the parties entered into a Maher Agreement as part of the Religious Marriage Ceremony.  Start with the case of Odatalla v. Odatalla 355 N.J. Super. 305 (Ch. Div. 2002), wherein Judge Selser in the Passaic Family Division ruled that the First Amendment's separation of Church and State did not preclude the Court's authority to enforce the Maher Agreement.  I have not yet found an Appellate Division case on point, but I have not finished my research on this subject.  The Court also stated that it was a binding contract between two consenting adults.  I hope that helps or at least guides you in the right direction.

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Marc Poles Esq.
Schultz & Associates, LLC
Hackensack NJ
(201)880-9770
[email protected]
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Original Message:
Sent: 10-29-2014 16:15
From: Marissa Hirsch
Subject: Religious Contracts

This message has been cross posted to the following Discussions: Family Law and Young Lawyers Division .
-------------------------------------------
I have a potential client coming in tomorrow for a consultation. The only information I have thus far is that he was married civilly in the United States but religiously through his Mosque. During the religious ceremony he signed a document stating that in the case of a divorce he would owe his wife a monetary amount of $15,000. I have not seen any documents yet but was curious if anyone has come across these monetary obligations under the religious ceremony and whether they would stand up in a civil divorce. Thank you in advance for your input and advice.

-------------------------------------------
Marissa Hirsch Esq.
Jersey City, NJ
(201)798-8000
[email protected]
-------------------------------------------

Marlyn Quinn and I had a five day trial and an appeal that addressed these issues and went into excruciating detail on Islam and Muslim marriage. 

The Nikah is the marriage agreement, the Mahr is the amount agreed to be paid on divorce (typically says something like "$1 now, $10,000 deferred" which means "upon divorce").

The Odatalla case others have mentioned is "the case" on it; there was other good authority from other states as well.

Note that if an annulment is granted instead of a divorce, the Mahr doesn't have to be paid or so ruled the trial court in my case, which was the only "win" he got since it was $100,000... but since an Islamic divorce is different from a civil divorce (either a man has to thrice say, on different occasions and while standing, "I divorce you" or the woman has to show fault grounds and obtain permission from an Imam), I think there's going to be an argument that the granting of the religious divorce triggers the obligation to pay the Mahr.  Similar to a Jewish Get, except there is an appeals process for women if the husband won't cooperate (which you can't force someone to do in Judaism).

If you want the briefs, shoot me an email off-list and I'll get them for you.

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David Perry Davis, Esq.
112 West Franklin Avenue
Pennington, NJ 08534
Voice: 609-737-2222
Fax: 609-737-3222
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The document is an Islamic marriage contract commonly referred to as a Nikah-Nama, which  is an Islamic form of prenuptial agreement and considered to be  an integral part of an Islamic marriage. 
I believe that a Hudson or Passaic County trial court judge rendered a reported decision  several years ago addressing the enforceability of the payment obligation. 

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Richard Diamond
Managing Partner
Diamond & Diamond P.A.
Millburn, New Jersey
973-379-9292
[email protected]
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Original Message:
Sent: 10-29-2014 16:15
From: Marissa Hirsch
Subject: Religious Contracts

This message has been cross posted to the following Discussions: Family Law and Young Lawyers Division .
-------------------------------------------
I have a potential client coming in tomorrow for a consultation. The only information I have thus far is that he was married civilly in the United States but religiously through his Mosque. During the religious ceremony he signed a document stating that in the case of a divorce he would owe his wife a monetary amount of $15,000. I have not seen any documents yet but was curious if anyone has come across these monetary obligations under the religious ceremony and whether they would stand up in a civil divorce. Thank you in advance for your input and advice.

-------------------------------------------
Marissa Hirsch Esq.
Jersey City, NJ
(201)798-8000
[email protected]
-------------------------------------------

There's an attorney who spoke at a meeting of the Middlesex County Bar's
Family Law Section in the last couple of years with Judge Mawla. Last name
something like Awad. But I don't recall exactly.

Robert E. Goldstein, Esq.
Drescher & Cheslow, P.A.

610 Bridge Plaza Drive

Manalapan, NJ 07726

(732) 972-1600
Fax (732) 972-0038
E-mail: [email protected]


Visit my personal website: www.mydivorcelawyernj.com
<http: www.mydivorcelawyernj.com/="">

http://www.superlawyers.com/new-jersey/lawyer/Robert-E-Goldstein/b2c01d60-2a
6b-44b7-a5d7-dfb35f503e18.html

Member, Middlesex County Bar Association, Monmouth Bar Association, New
Jersey Association for Justice and New Jersey State Bar Association





IRS Circular 230 Notice: To ensure compliance with certain regulations
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federal tax advice contained in this communication (including any
attachments) is not intended or written to be used, and cannot be used, by
any taxpayer for the purpose of (1) avoiding tax-related penalties under the
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This E-Mail message and any documents accompanying this E-Mail transmission
contain information from the law firm of Drescher & Cheslow, P.A. which is
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E-Mail information is strictly prohibited and may result in legal action
being instituted against you. Please reply to the sender advising of the
error in transmission and delete the message and any accompanying documents
from your system immediately. Thank you


Original Message------

This message has been cross posted to the following Discussions: Family Law and Young Lawyers Division .
-------------------------------------------
I have a potential client coming in tomorrow for a consultation. The only information I have thus far is that he was married civilly in the United States but religiously through his Mosque. During the religious ceremony he signed a document stating that in the case of a divorce he would owe his wife a monetary amount of $15,000. I have not seen any documents yet but was curious if anyone has come across these monetary obligations under the religious ceremony and whether they would stand up in a civil divorce. Thank you in advance for your input and advice.

-------------------------------------------
Marissa Hirsch Esq.
Jersey City, NJ
(201)798-8000
[email protected]
-------------------------------------------</http:>

Abed Awad. Passaic office. He handles many of these matters. He has also been an expert

Sent from my iPhone. Jeff


Original Message------

There's an attorney who spoke at a meeting of the Middlesex County Bar's
Family Law Section in the last couple of years with Judge Mawla. Last name
something like Awad. But I don't recall exactly.

Robert E. Goldstein, Esq.
Drescher & Cheslow, P.A.

610 Bridge Plaza Drive

Manalapan, NJ 07726

(732) 972-1600
Fax (732) 972-0038
E-mail: [email protected]


Visit my personal website: www.mydivorcelawyernj.com
<http: www.mydivorcelawyernj.com/="">

http://www.superlawyers.com/new-jersey/lawyer/Robert-E-Goldstein/b2c01d60-2a
6b-44b7-a5d7-dfb35f503e18.html

Member, Middlesex County Bar Association, Monmouth Bar Association, New
Jersey Association for Justice and New Jersey State Bar Association





IRS Circular 230 Notice: To ensure compliance with certain regulations
promulgated by the U.S. Internal Revenue Service, we inform you that any
federal tax advice contained in this communication (including any
attachments) is not intended or written to be used, and cannot be used, by
any taxpayer for the purpose of (1) avoiding tax-related penalties under the
U.S. Internal Revenue Code, or (2) promoting, marketing or recommending to
another party any tax-related matters addressed herein, unless expressly
stated otherwise.

This E-Mail message and any documents accompanying this E-Mail transmission
contain information from the law firm of Drescher & Cheslow, P.A. which is
"Privileged and confidential attorney-client communication and/or work
product of counsel." If you are not the intended recipient, you are hereby
notified that any disclosure, copying, distribution and/or the taking of or
refraining from taking of any action in reliance on the contents of this
E-Mail information is strictly prohibited and may result in legal action
being instituted against you. Please reply to the sender advising of the
error in transmission and delete the message and any accompanying documents
from your system immediately. Thank you

</http:>

Abed Awad. Passaic office. He handles many of these matters. He has also been an expert

Sent from my iPhone. Jeff


Original Message------

There's an attorney who spoke at a meeting of the Middlesex County Bar's
Family Law Section in the last couple of years with Judge Mawla. Last name
something like Awad. But I don't recall exactly.

Robert E. Goldstein, Esq.
Drescher & Cheslow, P.A.

610 Bridge Plaza Drive

Manalapan, NJ 07726

(732) 972-1600
Fax (732) 972-0038
E-mail: [email protected]


Visit my personal website: www.mydivorcelawyernj.com
<http: www.mydivorcelawyernj.com="">

http://www.superlawyers.com/new-jersey/lawyer/Robert-E-Goldstein/b2c01d60-2a
6b-44b7-a5d7-dfb35f503e18.html

Member, Middlesex County Bar Association, Monmouth Bar Association, New
Jersey Association for Justice and New Jersey State Bar Association





IRS Circular 230 Notice: To ensure compliance with certain regulations
promulgated by the U.S. Internal Revenue Service, we inform you that any
federal tax advice contained in this communication (including any
attachments) is not intended or written to be used, and cannot be used, by
any taxpayer for the purpose of (1) avoiding tax-related penalties under the
U.S. Internal Revenue Code, or (2) promoting, marketing or recommending to
another party any tax-related matters addressed herein, unless expressly
stated otherwise.

This E-Mail message and any documents accompanying this E-Mail transmission
contain information from the law firm of Drescher & Cheslow, P.A. which is
"Privileged and confidential attorney-client communication and/or work
product of counsel." If you are not the intended recipient, you are hereby
notified that any disclosure, copying, distribution and/or the taking of or
refraining from taking of any action in reliance on the contents of this
E-Mail information is strictly prohibited and may result in legal action
being instituted against you. Please reply to the sender advising of the
error in transmission and delete the message and any accompanying documents
from your system immediately. Thank you

</http:>

Marissa,



The attorney that prevailed in that case was Abed Awad from Clifton who is
an expert on Muslim marital agreements. I believe he has testified as an
expert.



John L. Weichsel

Member of N.J. and N.Y. Bar

79 Main St.

Hackensack, NJ 07601

201 488 1400 (T)

201 488 3970 (F)

<mailto:[email protected]> [email protected]



This Email contains confidential information. This information is solely
intended for use by the individual entity named as the recipient (s) hereof.
If you are not the intended recipient, be aware that any disclosure,
copying, distribution, or the use of the contents of this transmission is
prohibited. If you have received this transmission in error, please notify
us immediately so we may arrange to retrieve this transmission at no cost to
you.


Original Message------

This message has been cross posted to the following Discussions: Family Law and Young Lawyers Division .
-------------------------------------------
I have a potential client coming in tomorrow for a consultation. The only information I have thus far is that he was married civilly in the United States but religiously through his Mosque. During the religious ceremony he signed a document stating that in the case of a divorce he would owe his wife a monetary amount of $15,000. I have not seen any documents yet but was curious if anyone has come across these monetary obligations under the religious ceremony and whether they would stand up in a civil divorce. Thank you in advance for your input and advice.

-------------------------------------------
Marissa Hirsch Esq.
Jersey City, NJ
(201)798-8000
[email protected]
-------------------------------------------</mailto:[email protected]>

Also Asaad Siddiqi, head of the Muslim Lawyers Association (or similar group, that might not be the exact name), who can be reached at  Asaad Siddiqi <[email protected]> .  He's accessible and happy to help on these questions.

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David Perry Davis, Esq.
112 West Franklin Avenue
Pennington, NJ 08534
Voice: 609-737-2222
Fax: 609-737-3222
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