Salih v Almarzooqi - [2024] 2 NZLR 27

Contract — Enforceability — Islamic marriage contract/nikah — Proper law of nikah — Sharia law — Payment of gift/mahr to wife under nikah — Whether wife able to rely on factual findings and orders of Dubai court in New Zealand — Conflict of laws — Function of mahr in Islamic marriage — Enforcement of nikah in overseas jurisdictions — Whether Domestic Actions Act preventing enforcement of nikah — Relevance of Property (Relationships) Act — Public policy — Property (Relationships) Act 1976 ss 4(1), 21 and 21F.

Conflict of laws — Jurisdiction — Islamic marriage contract/nikah — Enforceability in New Zealand — Proper law of nikah — Sharia law — Payment of gift/mahr to wife under nikah — Whether wife able to rely on factual findings and orders of Dubai court in New Zealand — Enforcement of nikah in overseas jurisdictions — Whether Domestic Actions Act preventing enforcement of nikah — Relevance of Property (Relationships) Act — Public policy — Property (Relationships) Act 1976 ss 4(1), 21 and 21F.