Options for an Islamic prenuptial agreement
A prenuptial agreement (which is also called an antenuptial) agreement is a contract entered into by a couple planning to be married.
This contract specifies the married couple to be's individual rights throughout the marriage and if their marriage should end.
This agreement must be in writing, signed by both parties, and in some states of the United States, signed before witnesses and entered into the court records.
Prenuptial agreements and the rights of Muslims in marriage
But prenuptial agreements don't just have to cover issues pertaining to wealth and property. They can also be used to safeguard your Islamic rights within a marriage and, if necessary, in the case of divorce.
Imam Yusuf Ziya Kavakci is Imam of the Dallas Central Mosque in Richardson, Texas. He has a Ph.D. in Islamic law from the Institute of Islamic Research of Istanbul University in Turkey. He strongly recommends Muslim couples sign a prenuptial agreement before getting married. Here's what he had to say about this in an interview with Sound Vision:
It is good and necessary to benefit from the law of the land and to get its protection in terms of documentation, in terms of court systems.
For this purpose, I think no Muslim marriage be performed without having a marriage license given by marriage offices of the state. These marriage licenses with their blank spaces may be used by Islamic centers, by Imams in their marriage contracts and everything could be recorded on that paper.
In this context, Muslims could benefit from the prenuptial agreement system by writing down all conditions they would observe in their married life including following Islam and Shariah and that conflicts will be solved by mediation and arbitration.
So couples may prepare these prenuptial marriage agreements, with their signatures on them and get them notarized. Then the rights of couples according to their belief system will be guaranteed and practiced in any condition everywhere in the world.
Prenuptial agreements come before the law of the land when conflict arises. So this is a nice opportunity for Muslims to guarantee their rights of Islamic belief and also to let Islamic law be applied on their family life.
Some clauses that Muslims have put in their contracts
A prenuptial agreement seems to give more strength to the Islamic marriage contract and the conditions placed therein. Muslim men and women are allowed to put conditions in the marriage contract, provided that they do not contradict Islamic law.
Below are some things Muslims have or may put in writing in their marriage contracts include.
Disclaimer: Many of the items below are not in agreement with others. Nor are the conditions below recommendations from Sound Vision.
We strongly urge anyone who is considering putting conditions or any of the following clauses in their marriage contract or working out a prenuptial agreement with their spouse-to-be to consult a qualified Islamic scholar as well as a Muslim lawyer well grounded in marriage and divorce law of the land.
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