IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE
CIV-2019-485-751
[2025] NZHC 1436
BETWEEN RAHLA HUSSEIN AMIN HARDER ALMARZOOQI
PlaintiffAND
RAFID MOHAMMED SALIH
Defendant
Hearing: 26 March 2025 Appearances:
M Freeman and J Wass for Plaintiff
P Michalik and M Smith for Defendant
Judgment:
4 June 2025
JUDGMENT OF ASSOCIATE JUDGE SKELTON
[1] The defendant in this proceeding, Mr Salih, applies for summary judgment against the plaintiff, Ms Almarzooqi, on the basis of s 11 of the Limitation Act 2010. There are also outstanding issues in respect of the defendant’s earlier application for strike out of parts of the affidavit evidence that have not been resolved between the parties.
[2] The background to this proceeding was set out in a recent Court of Appeal decision, which I gratefully adopt:1
[1] This appeal concerns the enforcement of a nikah — an Islamic marriage contract, under which the husband is required to provide a gift (mahr) to the wife. The mahr is usually of monetary value and is given in part
ALMARZOOQI v SALIH [2025] NZHC 1436 [4 June 2025]
before the marriage (the “prompt” mahr) and in part on the earlier of death or divorce (the “deferred” mahr).2 …
[2] In 2013 Mr Salih and Ms Almarzooqi married in Dubai, in the United Arab Emirates (UAE), in a traditional Islamic ceremony, which included the signing of a nikah. The nikah provides for a deferred mahr of AED 500,000, equivalent to approximately NZD 230,000. The marriage only lasted a short time. The parties are now divorced, though both still live in New Zealand. There is a dispute over whether Mr Salih is liable for the deferred mahr, either in full or in part.
[3] In November 2016, Ms Almarzooqi obtained an order for divorce from the Dubai Personal Matters Court on the ground that Mr Salih had mistreated her. She also obtained an order for payment of the deferred mahr in full. Ms Almarzooqi brought proceedings to have the latter recognised and enforced in New Zealand by summary judgment and, in the alternative, to enforce payment under the nikah directly.
[4] The summary judgment application was determined first and was unsuccessful.3 Ms Almarzooqi then advanced her claim for payment of the mahr. The issues for determination were the proper law of the contract, whether the mahr had become payable under that law and if so, whether the Court should reduce the amount payable on public policy grounds. In the High Court Mr Salih accepted the validity of the divorce but maintained that Ms Almarzooqi had to prove her allegations of misconduct in a New Zealand court and could not rely on the factual findings of the Dubai court.
[5] Simon France J held that the proper law of the nikah is UAE law and that under that law the mahr became payable upon the divorce being granted…
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- Case
- [2025] NZHC 1436
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