What Is the Main Content of the Muslim Marriage Contract

In Islam, marriage is considered both a social agreement and a legally valid contract. In modern times, the marriage contract is signed in the presence of an Islamic judge, an imam or an elder of the trusted community who is familiar with Islamic law. The process of signing a contract is usually a private matter involving only the immediate families of the bride and groom. The contract itself is known as Nikah. In addition, the Messenger of Allah (pbuh) in the hadith found in Bukhari and Muslim ordered the young people to marry and advised those of them who could not afford to fast to control their sexual desire. From an Islamic point of view, marriage is not only seen as a means of satisfying natural desires and passions. Its goals are much deeper than simply getting legal sex. Allah (pbuh) emphasizes one of the main purposes of marriage by saying: More than the weight on my body, it bothered me how foreign I felt to the ceremony. My future husband had been informed by the religious scholar who presided. He had also read the marriage contract documents in detail and made the desired additions and cancellations.

In terms of content, what non-Muslim couples negotiate in their marriage contracts is very different from what Muslim couples negotiate in their Mahr contracts. In the United States, prenuptial arrangements are generally used to protect the property and income of a wealthy spouse from the claims of a dependent spouse in the event of divorce. [viii] In this context, the dependent spouse knowingly negotiates the rights he or she may have under the laws on equitable distribution and spousal support in his or her State. In contrast, when Muslim couples negotiate the terms of the Mahr agreement, the wife, as a dependent party, never intends to waive any other separate property or maintenance claims. This is in part because the American concepts of marital property and equitable distribution do not exist in Islamic law. [ix] It is also because Islamic law attaches great importance to women`s financial security in the event of divorce, and therefore any instrument that thwarts this goal by “protecting” their money and property completely ignores Mahr`s symbolic and protective functions, which are deeply rooted in Islamic tradition. « A woman must not give another woman in marriage, and a woman (independently) can not give herself in marriage. » (Ibn Majah, Al-Bayhaqi and others) In Panama City, Florida, amidst the conservative Muslim community where I grew up, signing a marriage contract (Kitab/Nikah) was an important event, full of bubbling and nervous excitement. For my friends and I who grew up with the hijab (Muslim head covering), the marriage contract signaled for the first time that a future husband would see his wife`s hair and body, and also the first time that the couple could touch each other, let alone be intimate. Although plural marriage is allowed in Islam, in the current scenario it is considered a shameful and unacceptable act for his wife and wali, they were forced to marry secretly (with good intentions and for allah`s sake) without the consent of his wife, family and family to make their relationship halal. The Nikka was executed in the presence of two Muslims (foreigners for them) and he gave him Mahr and pronounced it Nikah.

This issue is not known to anyone else, and they want to keep it as secret as possible to avoid problems in their personal and social lives. They are very understanding and willing to sacrifice everything for the good of Allah. After the wedding, the groom organizes a banquet called Walima. Relatives, neighbors and friends are invited to raise awareness about the wedding. The rich and poor of the family and community are invited to the wedding celebrations. The Prophet Muhammad (s) said, “The worst celebration are those wedding feasts to which the rich are invited and the poor are left out.” (Mischkat) It is recommended that Muslims participate in wedding ceremonies and wedding celebrations by invitation. Prophet Muhammad (s) said, “. and he who refuses to accept an invitation to a wedding feast truly obeys Allah and His Prophet.

(Ahmad and Abu Dawood) Printed with Permission: Marriage and Family in Islam by Mohammad Mazhar Hussaini The problem is that marriage contracts often deprive women of rights that women otherwise have under Islamic law. This includes the right to file for divorce: almost all men in my family and my husband`s family terminate this provision before handing over the contract to the woman`s family. It is considered rude and a breach of trust that Sehgal talks about when a woman or the parent who represents her insists on something else. Other women I know have married with similar blinders. A friend who works as a pediatrician at one of Pakistan`s largest private hospitals described her Nikah ceremony as “confusing and far too fast.” She said her father simply pushed a wreath of papers towards her and asked her to sign on the dotted line. “Much later, I realized I had no idea what I had signed,” she said. Another friend – who is a lawyer! – said she had never seen the full contract. “I was given that one piece of paper and told to sign while the rest of the contract was reviewed by my husband,” she said. “When I look back now, I don`t know why I signed it in the first place.” [ii] Most Muslims who marry according to Islamic tradition enter into marriage contracts, whether they live in the United States or abroad.

See Richard Freeland, The Islamic Institution of Mahr and American Law, 4 Gonz. J. Int`l L. 2 (2001). At the time of performance of the marriage contract, both parties may want to set conditions whose breach would invalidate the contract. This is acceptable as long as the conditions do not violate Islamic principles. The Prophet Muhammad (saas) said: The Mahr is the only right of a woman and no one is allowed to take it without her permission – not even her parents. The dowry can be in the form of money, jewelry, clothing or other material things.

It can also be an intangible gift. The Islamic Sharia did not indicate an amount, but it should be in line with the husband`s financial means and what is reasonable for the bride in her social status. It is usually determined by an agreement between the husband and the bride or her wali. The husband`s first duty is to pay his wife an agreed dowry (mahr or sadaq); This property, which can range from a symbolic sum to a significant amount of wealth, legally belongs to her and she can save, spend or invest it as she pleases. In exchange for payment of the dowry, the husband receives what is called al-nikah milk, al-`aqd milk or al-bud` milk, “the property (or control) of the marriage (or sexual intercourse)/marriage contract/vulva [of the wife]”; This milk is a prerequisite for legal sexual intercourse. Because he has this control, he and he alone can end the marriage at any time unilaterally by means of a declaration of rejection (talaq). If the wife wants to end the marriage, she must either pay for it to obtain her consent (in divorce for compensation, khul`) or, if she has reasons (which vary according to different schools of legal thought), she can apply for a judicial divorce. Is it Islamically right to reject a marriage because it is a plural marriage, and if in such a situation they pronounced their marriage without the knowledge of both families, is it a valid marriage? If not, what would it take to make it valid? Please advise.

Islamic jurisprudence, as elaborated by various schools of legal thought, considers that the main purpose of the marriage contract is to make sexual relations between a husband and wife legal (halal) and to legitimize the resulting descendants. The marriage contract also sets out other rights and obligations for each spouse. In addition to the basic requirement of “good mutual treatment”, which is not defined by law, these rights and obligations are differentiated according to sex. They are also interdependent: a spouse`s failure to fulfil a particular obligation may compromise his or her right to a particular right. Qaisera Sheikh, vice president of the Pakistan Chamber of Commerce and Industry for Women, says she has seen women suffer because of their passive attitude towards the marriage contract. “Later in their married life, when things didn`t work out, these women realized that they had unconsciously given up their right to divorce, family allowances, etc.,” she said. Salamaleykum all, I have a question about a Muslim sister who fell in love with a Christian man. The man converted to Islam and they have a relationship with each other without marriage. Because the father of the girl does not agree with the fact that a girl marries a (black) man. His father is a racist.

Now the girl hides her relationship with a man. They want to do it halal and do Nikkah without informing their father. Is it the right decision for both to do so? Please help them decide. This means that he is expected to teach her some of what he has memorized and treat her kindly based on that memorization. All this would be much more beneficial for the bride than many material gifts. Know that the best dowry is what is easy and easiest for the husband. .