‘Bride price’ ruling due this week

A significant judgement is due this week which could bring UK law in line with Sharia Law on the issue of bridal payments.

A bridal price or a ‘mahr’ is an important part of an Islamic marriage contract. It is a gift or promise to the wife from the husband. Under sharia law the wife has right to ask for her price at any time during the marriage or at its dissolution.

South Asian women married under UK civil law, however, are currently unable to demand its payment in full on divorce. They must instead apply to the family court, which usually demands only the partial payment of the money as part of the overall financial settlement under section 25 of the Matrimonial Causes Act 1973.

The case in question brought by Nazma Quraysha Brishty against her ex-husband, former father-in-law and former mother-in-law relates to an oral contract. The UK courts have only ever dealt with written ‘mahr’ contracts. The full payment is said to be worth £55,000 and is before the Family Court of Central London this week.