What is a Muslim Divorce in Ontario?
What are my rights as a Muslim in Ontario and divorce?
Very often, I receive calls from Muslims who are looking to get divorced in Ontario and want more information regarding the Haq Mehr. This is a concept entrenched within Islamic scripture and forms Islamic law. According to a 1998 Ontario Court decision, Kaddoura v. Hammoud, 1998 the concept of the Haq Mehr was defined as a gift in that it is akin to a marriage contract.
The court in referencing the testimony of a local Muslim clergymen stated:
“Mahr” is a gift or contribution made by the husband-to-be to his wife-to-be, for her exclusive property. It is not, however, a gift in the sense that a gift is given by the grace of the giver, but in fact “Mahr” is obligatory and the wife-to-be receives it as of right.
........in many marriages, a portion of the Mahr is paid promptly, that is, before the marriage is consummated, and a portion, often the larger portion, is deferred to be paid on demand by the wife, or upon divorce or upon the death of the husband. In the case of such deferred payment, the portion deferred had the effect of helping look after a wife after divorce or after her husband’s death. He also advised that although a wife could forbear or waive payment of the Mahr, she was entitled to it as a matter of Islamic religious principle.
The court also stated, that the Haq Mehr was essential to a Muslim marriage.
I NEED A MUSLIM DIVORCE LAWYER
If you need a lawyer in Burlington or Oakville that can assist with a Muslim Divorce then call my office.
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