Legal recognition of the " Dowry ".

The word " Dowry " means different things to different people.  In some countries it refers to a financial consideration a groom pays to the parents of his bride for their acceptance of the marriage.   In the west, some wealthy parents settled an amount of money as part of a daughter's inheritance when she married. Now the New South Wales Supreme court has recognised the legality of " Morkharsadak " - as a dowry is called under Sharia law -  as it applies to the end of an Islamic marriage.

A wife applied to the Supreme court to require her husband to pay $ 50,000 owing under a signed agreement.  They married under Islamic law in 2004 and in 2005 legally signed a Morkharsadak which stipulated that the husband would pay this money in the event of a marriage breakdown initiated by him.  Under Sharia law, this was a form of compensation when he was no longer liable to provide for the needs of his wife because of the dissolved marriage.

Australian law is a matter of precedent - and there was nothing in the law books on which to base such a decision until a kind Associate Justice grasped the nettle - and made a ruling.    Precedent has now been struck .   From that point forward this decision becomes a navigation point to influence future Dowry decisions and it will be open to appeal, as is every aspect of the law.

The differences between Islamic law and Australian law on marriage was a grey area.  A well developed legal system provides clarity when it comes to financial matters under Australian law, but an Islamic couple who marry under Sharia law do not automatically come under that umbrella. - unless they also have an Australian law ceremony.

There is still a long way to go before the two systems are integrated.   Sharia law and Australian law have very different protocols in ending a marriage.    Once again, it will probably take the action of a courageous Associate Justice to break new ground and make a ruling that brings some sort of solution into the law books.

It seems that the word " Dowry " is about to gain a new life in the twenty-first century.   This ruling will make it popular with Islamic couples intending to marry - as the new legal way of ensuring financial protection when marriages fail !