A Sample of Pre-Marital Contract

| October 16, 2017

The “Sample Terms and Conditions of the Pre-marital Contract are mentioned below. As such, the terms and conditions of the contract may vary according to prospective bride and groom’s needs and circumstances.  Additional conditions could be added as required by either spouse.

A Sample of Pre-Marital Contract:

The bride and bridegroom in agreement upon the following stipulations undertake to act properly towards each other in their marital life and hereby sign the stipulations which are in agreement:

  • Everything possessed by either spouse before marriage (Nikah) shall remain their personal properties.
  • All gifts endowed by the Bridegroom and his family shall be returned to the husband and all gifts endowed by the bride and her family shall be returned to the bride   OR   All the gifts and presents exchanged in between them and their respective members at the time of their engagement, at the time of their marriage and thereafter shall be the absolute properties of the recipients and shall not be subject to any claim or recall by either of the parties in the event of the termination of the marriage.
  • An amicable solution will have to be mutually agreed upon for all gifts endowed by non-family members.
  • Only assets acquired / used jointly during the tenure of marriage shall be divided equally.
  • In case of death of any spouse, the surviving spouse will be responsible for the distribution of inheritance according to the Islamic law.
  • Education:  If the wife desires to continue her studies, will she be permitted?
  • Employment:  If the wife desires to go to work, will she be permitted?
  • Polygamy: Will the husband be allowed to marry another woman?

Other Stipulations:

  • The husband gives an irrevocable authorization to the wife to appoint someone as his representative (Wakil) for divorcing her after seeking approval of the resident Alim, or her father, or her brother in the following cases:
  • If the husband ill-treats and or physically abuses his wife to such an extent that it becomes extremely difficult for the wife to continue the marital relationship.
  • If the husband abandons the wife such as she becomes a suspended woman neither married nor free to marry for more than six months continuously.
  • If the husband obstructs the wife in the fulfillment of her religious obligations.
  • The family will not move out to another City/Country without mutual consent.
  • Wife will be able to visit her parents subject to mutual consent between the spouses.
  • Wife will not interfere with husband’s obligations towards his parents and siblings.
  • If the wife desires to stay separately, husband will arrange accommodation.
  • That any major discovery of a false statement will be a deciding factor to annul the marriage.

Note: This sample contract was created and submitted at the World Federation Triennial Conference in Dubai in September 2006. The stipulations in the Marriage Contract should be drafted in compliance to the legal regulations within the Islamic framework.

Category: Marital Awareness

About the Author (Author Profile)

I’m Fayaz Pasha from Bangalore, the Silicon Valley and Garden City of India. I’m a Certified Life Coach and an NLP Practitioner from American University of NLP. I love reading, writing and Poetry. I would like to make my humble contribution to the Society through this blog towards detoxification of social evils particularly the dowry system and Feticide.

Comments (2)

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  1. Salma says:

    Fantastic job! Thanks for working with so much dedication and devotion on pre_ marital contract, if the youth follow this, no doubt all the Weddings will surely be successful…keep up the great job.

    • Fayaz Pasha says:

      Hope the youth will understand the necessity of a pre-marital contract that will save them from many post marital issues and concerns. Thanks again for your kind appreciation.

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