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§ WE now turn to the question of how Muslim marriages have fared in the US courts.61

There is fairly little awareness in the US Muslim community about this subject, and consequently many mistaken assumptions are made. Much confusion surrounds the question of the validity of the marriage contract itself, as many assume that the law of pre-nuptial agreements will safeguard the enforcement of Muslim marriage contract clauses.62 As will be seen in this chapter, Muslims seeking to enforce their marriage contract as a pre-nuptial agreement have actu­ally had varying success in the courtroom.

One essential question that will be addressed is whether David Forte’s prediction that there will be difficulty in ‘pleading Islamic law in American courts’ has been fulfilled (Forte 1983: 31). In this chapter, we will review the treatment of Muslim marriage in published US case law, and review the thoughts of Muslim attorneys working in this field.

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Source: Welchman Lynn. Women's Rights and Islamic Family Law: Perspectives on Reform. Zed Books,2004. — 328 p.. 2004
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