بِسۡمِ اللهِ الرَّحۡمٰنِ الرَّحِيۡمِ
The purpose of implementing a pre-nuptial agreement, referred to as the Muslim marriage contract, is to ensure that both parties are cognizant of their individual rights as well as the rights of their prospective spouse, and to possess adequate information about each other prior to marriage. Failure to disclose complete details before marriage can potentially lead to dissatisfaction, conflict, and ultimately, the dissolution of the marriage. In the event of marital failure requiring termination, the pre-nuptial agreement aims to facilitate this process in a predetermined manner, thereby mitigating the likelihood of costly legal disputes.
It is essential for both parties involved in the marriage to mutually agree upon the terms and conditions of their pre-nuptial agreement after independently seeking appropriate legal counsel and any other necessary advice. The pre-nuptial agreement must uphold fairness for each party involved.
In summary, the following steps are necessary:
- Each party must obtain independent legal advice from a qualified lawyer or solicitor regarding the marriage contract (pre-nuptial agreement) before signing it.
- The solicitor must verify that the marriage contract (pre-nuptial agreement) was entered into freely, without coercion.
- Both parties should fully disclose their assets and properties, and make provisions for children.
- The agreement should ensure fairness for both parties.
- If circumstances change, the marriage contract (pre-nuptial agreement) should be reviewed to ensure it remains equitable for both parties.
Once the parties have mutually agreed upon the terms and conditions in consultation with their respective solicitors, the pre-nuptial agreement (Muslim marriage contract) can be printed out and signed by each party.
The Muslim Contract (FIW-MMC©) available on this website is Sharia-compliant, having been scrutinized and endorsed by Islamic scholars from a Sharia perspective.
A. Hussain