Circumstances Decisive for the Ability to claim an Islamic Dower

by Susan Rutten

Question(s) at stake

Whether the Dutch court considers the type of divorce (tafriq or talaq) to be relevant to the claim of the woman to the dower according to Iraqi law.

Outcome of the ruling

Under Iraqi law, only in the case of talaq, and not in the case of a tafriq, is the man required to pay the dower in gold. Since in this case, the Dutch court classified the divorce as a tafriq, the woman cannot successfully claim the dower in gold.

Country:

Netherlands

Official citation

Court of Appeal Amsterdam, Decision of 16 July 2019, 200.177.325/01 (Gerechtshof Amsterdam 16 juli 2019)

ECLI:NL:GHAMS:2019:2705

Topic(s)

Keywords:

Divorce Dower Marriage contract Nuptial agreements Talaq

Tag(s):

Iraqi law Mahr Mehriye Application of foreign law Interpretation of Iraqi law Tafriq

Bibliographic information

Rutten, Susan (2024): Circumstances Decisive for the Ability to claim an Islamic Dower, Department of Law and Anthropology, Max Planck Institute for Social Anthropology, Halle (Saale), Germany, CUREDI023NL003, https://doi.org/10.48509/CUREDI023NL003.

Access case report

View case report in the CUREDI database

About the authors

Susan Rutten (Faculty of Law, Maastricht University, Netherlands)