In the name of Allāh, Most Gracious, Most Merciful

Why have a marriage contract

بِسۡمِ اللهِ الرَّحۡمٰنِ الرَّحِيۡمِ

The aim of having a pre-nuptial agreement (Muslim marriage contract) is so that each party is aware of its own rights as well as rights of the other party and having sufficient information about the other party before entering in to a marriage. Disclosure of full details prior to marriage can be a source of discontentment, antagonism and perhaps eventual dissolution of the marriage. If the marriage should fail and needs to be terminated then the pre-nuptial agreement (Muslim marriage contract) will, hopefully, allow this to take place in a pre-agreed manner, thereby reducing the chances of expensive law suits.

Both parties to the marriage should agree on the terms and conditions of their pre-nuptial agreement after having sought appropriate legal advice independently and any other type of advice deemed necessary for the purpose. The pre-nuptial agreement must be fair to each party.

In summary the following steps need to be carried out:

  • Each party should get legal advice independently from a qualified lawyer/ solicitor about the marriage contract (pre-nuptial agreement) before signing the contract. 
  • The solicitor must confirm that the marriage contract (pre-nuptial agreement) was entered in to freely without any pressure.
  • Each party should declare their assets and property in full, and make provisions for children.
  • The contract should be fair to each party
  • If circumstances change the marriage contract (pre-nuptial agreement) should be reviewed to ensure it remains fair to both parties.

Once the parties have agreed on the terms and conditions in discussion with their individual solicitor then the pre-nuptial agreement (Muslim marriage contract) can be printed out and signed by each party.

The Muslim Contract (FIW-MMC©) on this website is Sharīʿa compliant, it has examined and approved by Islāmic scholars from a Sharīʿa perspective.

 

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