Nazma Quraysha Brishty has taken her ex-husband and his parents to court seeking full payment of her mahr.
She said she and her father-in-law had a verbal contract in which he told her they will pay approximately £55,000 for her mahr. This agreement happened with the presence of her father and another witness.
Her ex-husband and his family denied the presence of an oral contract and only paid £5,005 (the mahr written in their Islamic certificate of marriage).
This case is important as it could align the law in England and Wales with sharia law concerning bride price payments.
Under sharia law, the wife has the right to ask for her full mahr at any time during her marriage or upon its dissolution. However, in the UK, South Asian women are unable to demand its payment in full on divorce.
“If this case is won in favour of Nazma, this decision will be an overwhelming triumph not only for her but also for other women in her circumstances,” said Thamina Kabir, the principal solicitor at Thamina Solicitors, who is representing Brishty.
