Farah v. Farah
Virginia Court of Appeals
429 S.E.2d 626 (1993)
- Written by Liz Nakamura, JD
Facts
Naima Mansur (plaintiff), a citizen of Pakistan, and Ahmed Farah (defendant), a citizen of Algeria, both residing in Virginia, entered into an Islamic proxy marriage contract, called a nikah. Thereafter, on July 31, 1988, Mansur and Farah were allegedly married by proxy in England pursuant to the nikah. Neither Mansur nor Farah was physically present in England for the ceremony, nor was a marriage license or marriage certificate issued. Under Islamic religious law, as recognized by Pakistani law, parties to a nikah are considered legally married once the proxy ceremony is completed. About a month after the proxy ceremony in England, Mansur’s father held a rukhsati, or wedding reception, in the couple’s honor in Pakistan. Afterwards, in September 1988, Mansur and Farah returned to Virginia and purchased a home together in joint title. Mansur and Farah lived together in that home as husband and wife until they separated on June 29, 1989. Mansur filed for divorce, and Farah filed a bill to have their marriage declared void. The trial court granted Mansur a divorce and equitable distribution. Farah appealed.
Rule of Law
Issue
Holding and Reasoning (Coleman, J.)
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