Islamic law is applied in Vienna - a woman demands a thousand gold coins
An old promise made in Tehran has turned into an intriguing legal battle in Vienna. A man of Iranian descent pledged before his marriage to give his future wife a thousand gold coins, but after decades of marriage and their separation, the woman demanded the fulfillment of the promise, ultimately bringing the case to the Austrian Supreme Court (Oberster Gerichtshof - OGH).
The couple, both Iranian and also holding Austrian citizenship, married in 1993 in Iran, where the giving of a dowry is considered a customary practice in wedding ceremonies. The husband promised his wife to give her a thousand gold coins "upon her request," but later stated that this promise was merely symbolic and that its purpose was social rather than a real financial commitment. However, things changed after their divorce in 2022, which took place in Iran without the wife's knowledge, leading her to demand her agreed-upon dowry.
Initially, an Iranian court ruled that the husband must pay one gold coin every two months, and he was indeed obligated to pay 20 gold coins. However, the wife was not satisfied with this, so she filed a lawsuit in the District Court of Hernals in Vienna, demanding the remainder of the dowry amounting to 980 gold coins. The court ruled in her favor, considering that the divorce issued in Iran is not recognized in Austria, but the promise of the dowry made in Iran remains legally binding.
The court stated that Iranian law can be applied in Austria as long as it does not conflict with Austrian legal principles. The Regional Civil Court in Vienna (Landesgericht für Zivilrechtssachen Wien) supported this opinion, noting that at the time of the promise, the husband could have been able to pay this amount in the future.
In the end, the Austrian Supreme Court upheld this decision, confirming that Iranian law generally applies in such cases. However, it divided the burden of proof: the husband must prove his inability to pay the first 110 gold coins, while the wife must prove her former husband's financial ability to pay the remaining 890 coins. The case has been referred back to the Hernals court to assess the man's financial situation according to Iranian standards, taking into account his potential future income.
This unique case, which combined Iranian marital traditions and the Austrian judicial system, sparked widespread debate in Vienna, where many questioned the limits of applying foreign laws in Austrian courts and how they align with the local legal system.