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Security Check (Premarital Agreement)

| May 8, 2013 | 10 Comments

Security Check refers to the Pre-Marital Contract Agreement that ensures Safety and Security in the marital bond and prevents from any undue advantage being taken by either Spouse or In-Laws in the event of any marital problems.

Premarital Contract Agreement:

We make life insurance, vehicle insurance, investment insurance, fire insurance, theft insurance, etc., in order to secure our interests in case of any future eventualities.

  • An Employment Contract protects the interests of the employer and the employee.
  • A Construction Contract protects the interests of the Contractor and the Client.
  • A Rental Agreement protects the interests of the house owner and the tenant.
  • A Lease Agreement protects the interests of the Lessor and the Lessee.

The Muslim Marriage (Nikah) is a Civil Contract which contains the basic ingredients of a regular everyday marital life. Unfortunately, this is the only Contract that is signed like a blank cheque.   No precaution or measures are taken to safeguard the couples’ rights as a spouse while entering into wedlock.

The Society is inundated with marital problems and a majority of the victims are women who are left with little or no choice. There are innumerable cases where families are frequenting between the Courts and Police Stations and awaiting to resolve their issues. In marriages where some major factors related to income, health, religion, property, education, employment, spousal expectations etc., are discovered later to be untrue or assumed, marital conflicts deepen and ruin the relationship.

The Marriage Contract should therefore be made by both Spouses specifying certain conditions and emphasizing certain Rights & Duties of the Spouse provided that they do not contradict the Islamic Shariah. This will provide more strength to the conditions stipulated and safeguard the Islamic Rights of the spouse and lead to lesser conflicts thereby contributing harmony in the marital relationship.  

As these matters can have lifelong effect upon both spouses and their children, it is important that the stipulations be properly discussed beforehand and that both parties read this document carefully. This document must be in writing and signed by both spouses and be notarized.   Any future marital conflict could be resolved by mediation and arbitration on the basis of the Prenuptial Contract Agreement (Marriage Contract).

The Marriage Contract must be completed and signed in triplicate:  The first copy should be given to the bride, second copy to the bridegroom and the third copy should remain deposited with the Imam/Qadi who countersigns the Agreement.

The Marriage Contract may contain any number of additional details which the couple has agreed upon as pre-requisites to their married life.  The spouse-to-be should consult a qualified Islamic Scholar and a Muslim Lawyer to draft the Marriage Contract suitable to their requirements.

Mahar is the consideration for the contract of marriage between the parties.  It may be in the form of money and/or goods given by the Bridegroom to the Bride in consideration for the marriage. It is an essential element of Muslim marriage and is exclusively reserved for the use of the female partner. Payment of Mahar could be immediate (prompt), or deferred. 

a) Mu‘ajjal (Immediate/Prompt): This means the total amount of Mahr payable by the Husband at the time of signing of marriage contract.

b) Mu’wajjal (Deferred): This means the portion of the Mahar which is payable to the wife at a specified point in the marriage or at the time of dissolution of the marriage through divorce or death of the husband. Any deferred Mahar that remains unpaid at the time of dissolution becomes a debt against the former husband’s assets.

Portion of the Mahar paid at the time of marriage

The details of the amount and/or goods received as Mahar at the time of marriage should be written down. This does not include general gifts to the bride from the bridegroom and/or his family unless these be expressly included in (a) above as part of the amount of Mahar.

Mahar is the bride’s Islamic right. Therefore the details of its payment should be set out very clearly in the Marriage Contract. The bride could settle an appropriate amount of dower to cover the demands of life after either a divorce or the husband’s death, or she could arrange for an annuity, or a fixed monthly amount payable to her upon the occurrence of either of those two events.

A sample Marriage Contract with some stipulations can be found in the book “Muslim Wedding Flight”.

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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. I love reading, writing and convey my thoughts through Poetry. I would like to make my humble contribution to the Society through this blog towards detoxification of social evils particularly the dowry system.

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Comments (10)

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  1. Rat says:

    Even after the Nikah, if the husband delays paying the Mahar, wife isn’t rightful to him until he pays it. quite an informative post. throws much light on Islamic Marriages. nice read :)

  2. Prasanna Raghavan says:

    Registration of marriages is the other side of accountability and responsibility of the people in a society, muslim or no muslim

    • Fayaz Pasha says:

      Very true! In Islam Marriage is done on a Contractual Agreement wherein both parties agree to the conditions in order to safeguard their rights. However, it has not been put into practice and hence there are multitude of problems after the marriage.

  3. I agree. I’m for registration of all marriages with Marriage Contracts.

    • Fayaz Pasha says:

      Easwarji, You are right. it’s high time that those getting married opt for signing of Marital Contracts wherein they can avoid a lot of pain in case of any disagreements or divorce.

  4. Bushra says:

    Great info! Dinno so much about marriages! :)

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