Friday, July 05, 2013

Islamic Marriage Contracts in USA and Canada

Islamic Marriage Contracts in USA and Canada
Prof. Gabriel Sawma, Esq.

Islamic marriage is defined as a contract whose purpose is to start sexual relationship between man and woman, and legalizing of children. The Qur’an calls it “nikah”. Muslim scholars define Islamic marriage as “haqq al tamattu”, the right to enjoy sexual relationship between husband and wife. Being a contract, Islamic marriage brought about under coercion or fraud may be set aside at the request of the party whose consent was so caused.

Every Muslim of sound mind, who has attained puberty, may enter into a contract of marriage. The exact age of puberty may vary, based on physical and mental development of the child, but is generally reached by the age of fifteen.

Elements of the Islamic Marriage Contract
It is essential to the validity of the Islamic marriage contract that there should be a proposal (Arabic, ijab), and acceptance (qubul) made at the same meeting with the object of establishing immediate marital relation between the parties. Before the acceptance is pronounced, either party may withdraw from the negotiations.

An Islamic marriage must be accomplished with the presence of two male or one male and two female witnesses. A marriage contracted without witnesses is only invalid, and not void. An invalid marriage may be terminated by a mere repudiation on either party. Children born during the continuance of the contract are regarded as legitimate.

It is necessary to the validity of a marriage that the woman must not be the wife of another man, and that the man must not be the husband of four wives, that being the full number of wives permitted by Islamic Sharia. It is important to note that Islamic Sharia allows the husband and wife to have an agreement at the time of marriage that the wife should be at liberty to divorce herself from the husband, if he married another wife.

Another important component of the marriage contract is the mahr, amount of money or equivalent that the husband promises to pay his wife in the event of divorce or his death. For more on the mahr see,

A marriage with a widow or a divorce woman before the expiration of the period of iddat, which it is incumbent upon her to observe on the death of her husband or on divorce, is void. The iddat of a woman arising on divorce is three courses, if she is subject to menstruation; if not, it terminates at the expiration of three months from the date of divorce. The iddat of a woman arising on widowhood is four months and ten days. But if the woman be pregnant, the period of iddat does not terminate until after delivery.

As Expert Consultant on Islamic divorce obtained from the Middle East, Central Asia and other Islamic nations, this author has been privileged to have been able to defend clients, successfully, by submitting legal opinions and affidavits in their support on issues related  to Islamic divorce to State and Federal Courts and to Immigration Boards. Some of these cases have been reported by major U.S. law journals.

Following is a landmark case at New York Supreme Court of Westchester County, in which this author submitted an affidavit on behalf of a client. The honorable Court agreed with our argument and granted the client recognition of a divorce decree obtained in Abu Dhabi, including custody of children and a mahr of $250,000. You may read the judgment of the Supreme Court on the following link:

DISCLAIMER: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific or legal advice on the information provided and related topics, please contact the author.

Gabriel Sawma is a lawyer with Middle East background, and a recognized authority on Islamic law of marriage, divorce and custody of children; Professor of Middle East Constitutional Law and Islamic law; Expert Consultant on Islamic divorce in US Courts and Canada; admitted to the Lebanese Bar Association; former Associate Member of the New York State Bar Association and the American Bar Association.

Prof. Sawma lectured at the American Academy of Matrimonial Lawyers (AAML) in New York State and wrote many affidavits to immigration authorities, Federal Courts, and family State Courts in connection with recognition of Islamic foreign divorces in the U.S. He also travelled to Saudi Arabia and the Arabian Gulf States, and wrote extensively on Islamic divorce in USA and abroad. Interviewed by:

Contact Information:
Tel. (609) 915-2237

Or visit our websites at the following links:

For more information on the author, please see this link:


Unknown said... is one of the most frequently visited and highly preferred matrimonial sites all over the world. Find the best matrimonial, matrimony, matrimonial sites, India matrimonial sites, marriage sites, marriage, India matrimonial, matrimonial services and matchmaking services in Ludhiana, Punjab, India. Join Free!

Marriage site

Unknown said...

Find The latest Variety Of Ladies And Gents clothes in Saivana like Isabel Marant, Top Indian Garment Exporter, Ladies Fashion, Garment Manufacture.

Top Indian Garment Exporter| Cocktail tops

Unknown said...

Are you dreamed about interracial dating? Do you want to have a associate from another competition or cultural group? If yes, then you have come to the right place.
Join Millions of Singles in and around the world and find your Interracial dream partner today.
Interracial Dating
Black Women Dating
Interracial Marriages

Unknown said...

I have a question my husband left me about 3 years still married. Moved in with his girlfriend and converted to Islam. Can he do that if he still married to me

Peter Embroz said...

Every state in USA has different laws regarding Marriage. U.S. Marriage Laws differ from state to county. Find each states marriage law requirements and what you need to bring to obtain your marriage license.

Law of Marriage

Rita said...

as searching for help on the internet to get my ex lover whom will got divorced back, i came across this wonderful man called DR.ODOGBO of ODOGBO TEMPLE who did a nice job by helping me to get my divorced husband back within 48hours.. I never believe that such things like this can be possible but now i am a living testimony to it because ODOGBO TEMPLE actually brought my lover back, If you are having any relationship problems why not contact DR.ODOGBO TEMPLE via email on: (DRODOGBO34@GMAIL.COM ) OR WhatsApp him on +1443 281 3404 Then i promise you that after 48hours you will have reasons to celebrate like me.

COMMENT said...

I just want to give a quick advise to any one out there that is having difficulty in his or her relationship to contact Dr.Agbazara because he is the only one that is capable to bring back broken relationship or broken marriages within time limit of 48 hours. You can contact Dr.Agbazara by calling him on his mobile/ WhatsApp +2348104102662 or write him through his email at ( )

Unknown said...

I started dating when I was incredibly young. I was 19 years old when we first began to show interest in Ron. Thern was 25 and basically ready for marriage. I was ready to explore college life. Neither of us were Christians, but both of us enjoyed our friendship and what became a romantic relationship—except it was not a good or healthy relationship because Ron was having an affair with my friend Ela. My immaturity and desire to explore didn’t match his readiness for marriage. We tried twice at engagement and broke it off twice. Both heartbroken by sin and what seemed like the end, we parted ways.

After that second engagement to Ron ended, I went to a friend’s of ine who is from west africa, heard the Voddo love spell they possess in africa for what might have been helpful to me, and submitted my time to contact Dr Itua from west africa. whom I tell my marraige with Ron and he promised to help me in which he askk me for names / pictures then after 3 days of Dr Itua love spell, Ron call me and ask me to reconcile with him for a better chance to make things right for our lifetime marraige so that how My life was forever changed. I still loved Ron and he loves me more, but I knew that now we could never be together if not for the help of Dr Itua love spell. Ron and I are now have 4 wonderful kids all grown up, I thank Dr Itua Love spell. So I will advise anyone here to contact Dr Itua if you are having Rolling coster relationship or marraige because Dr Itua can help you with love spell to stable your marraige or relationship without any side effect.
Here is Dr Itua Contact details,
WhatsApp Number: +2348149277967

Erlinda Kaes said...

My husband and I have been having lots of problems living together, he never gives me attention or makes me happy because he has fallen in love with another woman outside our marriage. I tried my best to make sure that my husband leaves this woman but the more I talk to him about it the more he makes me feel sad and unhappy, My marriage started leading to divorce because he no longer gives me attention. I wanted to forget him but i love him and didn't want to lose him. We have been married for years and he is all I could call a true best friend and best in all, the man that handles my problems perfectly, the man that makes sacrifices for ,my happiness. I wanted him back in my life badly and I was so confused. My Friends told me to buy books about relationships, so I went online for relationship books while I came across a spell caster called Dr Emu. I read testimonies and reviews about him so I contacted him immediately, explained my problems to him. Same day , he casted a spell for me and assured me for 2 days that my husband will return to me and to my greatest surprise the third day my husband came knocking on my door and begged for forgiveness. I am so happy that my love is back again and not only that, we are about to get married again, he proposed. I wouldn't stop talking about him. Contact him today if you need his help via email: and you will see that your problem will be solved without any delay. Website: