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11 J. Islamic St. Prac. Int'l L. 75 (2015)
Embedding Mahr in the European Legal System

handle is hein.journals/jispil11 and id is 190 raw text is: 






Book  Review
Embedding  Mahr  in the European Legal System.
Rubya  Mehdi and Jorgen S. Neilson (DJOF Publishing, 2011)

By Ayesha  Shahid*

This edited collection compiled by Prof Jorgen Neilson and Dr  Rubya  Mehdi provides a
refreshing approach to analyse the Islamic concept of Mahr(Dower). Written through the lens
of multiculturalism, globalisation and migration, the chapters in this edited collection discuss
how  the concept  of Mahr(Dower)has   brought multicultural life in the court rooms and
administrative institutions of the host countries. The illuminating case studies reflect the lived
experiences of Muslim women   regarding payment or non-payment of Mahr  in both Muslim
and Non  Muslim  jurisdictions. The different chapters cover a range of European countries
where  Muslim  immigrant population is settled and have chosen to adopt these countries as
their countries of residence. Along with the case studies from Europe the first two chapters on
Yemen  and Palestine provide the readers with a comparative perspective of the institution of
Mahr  in two Muslim jurisdictions.


A  number  of cross cutting themes have also emerged despite the diversity of locations. The
chapters critically analyse the courts' approach in various European countries to deal with the
issue of Mahr  with reference to different aspects of the law; maintenance after divorce,
matrimonial property, prenuptial agreements etc. The chapters also show that the courts have
attempted to fit this multi-functional concept of Mahr into the Western/European  legal
system as a rule of contract law, Private international law, and as an aspect of pre or post-
nuptial agreement. Two other interesting and significant themes that have emerged in these
chapters are gender equality and legal pluralism.


Moors  in her field research in Jabal Nablus, the northern region of the Palestinian West Bank
discusses the registration process and codification of Mahr and its impact on the lives of
Muslim  women.   Her study shows  that there has been an increase in the registration of
deferred dowers at the time of Nikah but despite the registration of both prompt and deferred
dowers in practice women  are still not paid any dower at the time of divorce. This is due to
the fact that most divorces take place with the mutual consent of both the husband and wife

* Dr Ayesha Shahid, Brunel Law School, Brunel University


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