A case of mistaken identity: The wrongful classification of Islamic marriage contracts as premarital agreements in New York

New York precedent has mischaracterized Islamic marriage contracts, or nikah agreements, as premarital agreements. Nikah agreements are not premarital agreements; they are contracts. This mischaracterization has subjected nikah agreements to the acknowledgement requirement codified in N.Y. DRL § 236(B)(3) which has incorrectly been used to strike down valid contracts which Islamic litigants rely on. To prevent the effects of this mischaracterization, this Note suggests to New York appellate courts that a recharacterization of these agreements as contracts would prevent further confusion amongst the lower courts and allow for clearer, more uniform decisions.