Turkish Court Upholds Mahr Agreement in Divorce Case

Turkish Court Orders Ex-Husband to Pay Mahr Worth 150 Grams of Gold

A court in the Turkish province of Giresun has ordered a man to pay his former wife the value of 150 grams of gold, which he had promised as mahr (mehir) during their religious marriage ceremony (imam nikâhı).

The ruling has attracted widespread attention across Türkiye because the court did not recognize the religious marriage as legally equivalent to a civil marriage. Instead, the decision was based solely on a written financial obligation signed by the parties.

What Is Mahr?

Mahr (Mehir) is a mandatory gift or financial commitment that, under Islamic tradition, a husband promises to his wife.

In Türkiye, gold is the most common form of mahr, and once transferred, it becomes the personal property of the wife.

Mahr may include:

• Cash;
• Gold or jewelry;
• Real estate;
• Any other property agreed upon by both parties.

While the gift is often presented during the religious ceremony, couples may also agree that it will be paid in the event of divorce or after the husband's death.

What Happened in This Case?

The couple first entered into an official civil marriage and later held a religious marriage ceremony.

During the ceremony, they signed a document stating that the wife would receive 150 grams of gold bracelets as mahr. The document was signed by both spouses as well as witnesses.

After several years, the couple divorced. The woman claimed that the promised gold had never been transferred and filed a lawsuit seeking compensation.

Why Did the Court Rule in Her Favor?

The court found sufficient evidence to support the claim.

• A written agreement existed;
• The document had been signed by both spouses;
• Witnesses had also signed the agreement;
• Witness testimony confirmed that the gold had never been delivered.

Based on this evidence, the court ordered the former husband to pay the value of 150 grams of gold calculated according to market prices at the time the lawsuit was filed.

Did the Court Recognize the Religious Marriage?

No.

The court emphasized that only an official civil marriage has legal status under Turkish law.

The religious marriage ceremony itself did not create any legal marital rights or obligations.

Instead, the case concerned the enforcement of a written financial agreement between two individuals.

The court's decision was based on contract law rather than recognition of a religious marriage.

What Does This Mean?

Legal experts say the ruling does not change Turkish family law or grant legal status to religious marriages.

Instead, it confirms that properly documented financial commitments can be enforced by Turkish courts when supported by written evidence and witness testimony.

Experts also note that if a mahr agreement is not documented in writing or cannot be supported with evidence, enforcing such a promise through the courts becomes significantly more difficult.