What to Put in Nikah Contract

Once our Nikah contract was ready to be signed, I mentioned the prenup. This time he said yes. I asked him what made him change his mind. „It`s something you need to feel safe,” he said. I liked that he could understand my need, the underlying reason why I wanted the deal, out of desire, the deal itself. An Islamic marriage contract is considered an integral part of an Islamic marriage and describes the rights and duties of the groom and bride or other parties involved in a marriage proceeding under Sharia law. Whether it is a formal and binding contract depends on the jurisdiction. Islamic marriage contracts are not valid under English law. [1] Due to the prevalence of many ignorant and oppressive cultural practices in India/Pakistan, girls` families and their parents are very concerned about how their daughters are treated by the husband and in-laws after marriage, which is why they like to set certain conditions in the marriage contract. In our contract, my Mahr was „an engagement ring, wedding ring, honeymoon, and tickets to a Taylor Swift concert once in a lifetime.” The last point was my suggestion because I`m a big fan.

I had been to eight of their shows and really wanted to share my neighbor with him. Fortunately, we have a beautiful marriage, so such unfortunate thinking is rare. My husband and I are not talking about the signed papers of our marriage contract lying on the floor of a closet in his office. But it remains a reminder of the time when, in my own eyes, I did not ask questions about my rights. Essentially, your Nikah Nama is a civil contract that you enter into, so much so that even the presence of religious clerics at the time of the Nikah is not even obligatory, but only a cultural norm; His father or an adult Muslim can officiate the Nikah. For my Nikah, or official wedding ceremony, in March 2008, I chose a majestic monument in Lahore, well known as Badshahi or King`s Mosque. It was 8 o`clock from .m., and the spring sun was strong as I sat decorated in a heavily decorated duputta (long head veil). My aunt warned me: „You`re going to have headaches, earaches and neck pains at the end of the day, which will be proof that your parents have adorned you with a sufficient amount of jewelry. It should be noted that if the husband violates this condition, his wife will not be divorced accordingly, but she will have the right to annul the marriage, and she can either annul it or abandon the condition and accept what her husband has done, and remain like his wife. An important purpose of the contract is to make sexual intercourse legal. This is supported by various hadiths and quotes: And so, during the ceremony, I sat a kilometer away from my fiancé, I could barely hear the words that were being recited, and I felt so far removed from the procedures as a guest.

I heard the microphone passed on to my husband. I heard him say „yes” three times, as is the tradition in Islam. I have heard a number of congratulations. When my mother wrapped me in a tight hug, I protested that I had no idea what was going on. When I hear these stories, I have to ask myself: How come the majority of women scribble their names without thinking about one of the most important civil contracts they will ever accept without reading it? Women`s rights activist Rubina Sehgal has an answer. She estimates that no more than 2% of Pakistani women know their marriage contracts, which even educated and progressive women do not consider a binding legal document, even if it is. „It has to do with their education,” she said. „Women are raised to believe that marriage involves submission and obedience, and when it comes to the marriage contract, they simply sign it.

They forgot at the time that they had the right to read it, to review it and even to propose changes. At the time of tying the knot, a lot of importance is attached to trust – trust your future husband, trust your parents. „Umar ibn al-Khattab (may Allah be pleased with him) told the one whom he ruled was obliged to fulfill what his wife had determined when the man said, `Divorce us in this case,`” Omar said, „It is a must to fulfill the conditions, because of the hadith: `Believers are bound by their conditions.`” „What we need are stricter laws so that women have legitimate protection in such situations. Our own laws regarding maintenance and matrimonial property do not do this and are problematic and discriminatory, so adding it to the Nikah Nama will not make a difference because enforcement in court will be a very different story,” Malkani explains. The basic principle regarding all the conditions set out in the Nikah contract is that the husband must fulfill them. Do you think it makes sense to sign a legally binding contract without going through the terms and conditions it contains exhaustively, in order to know exactly what it is? If you put it that way, most of us, if not all of us, would obviously say no. Cited in (Al Aqad, 2014), the common problem of translating marriage contracts is due to the varieties of synonyms of words in the Arabic legal system, which in the English system have no equivalence to marriage contracts, such as: مهر, شبكه, صداق – Mahr, Shabkah, Sadaq- (dowry), while all these examples are attributed and influenced to the culture and tradition of the Arabic language. [8] However, she can use it as evidence to obtain a khula or divorce if she had been granted this right. And if the husband contracted a second marriage without completing the formalities, it is a criminal offense and will be punished with imprisonment, as well as a fine. „The basic principle regarding the terms of the marriage contract is that they are valid unless there is evidence that they are not valid. Proof of this is the general meaning of the evidence that speaks of fulfilling alliances: I have two Masters of Columbia, I am silent on the h of haute couture (you`d be surprised at how few Pakistanis like me do it), and I know I have to sift through the fine print before signing anything.

But I scribbled my signature on the most important contract of my life without reading a word. And as I later discovered, many of my well-educated girlfriends did the same. Why do Pakistani women accept marriage contracts without first checking them and making sure they don`t regret it later? Our calligraphy is as beautiful as it is because it is commissioned by us and composed by hand by real certified calligraphers (not AI applications) before being scanned and processed for our Nikahnamas. Our compositions are protected by copyright, everyone who uses them infringes copyright. Other beautiful works of art by our craftsmen can be found on our sister site Silsila. Women also lose the right to other protective measures. For example, in Islam, a woman is promised a certain amount of money (based on her husband`s income) that is usually given to her when she decides to divorce. The money is supposed to provide her with some degree of financial security, especially when she leaves her husband. Despite the excellent logic behind this right, most men disapprove of it.

They put meager amounts in the contract, like $1 or $10, just to fill the void. And women don`t ask questions. One of my older aunts is very proud to have accepted 1 cent when it was time to marry her daughter. „I had faith in Allah, so 1 cent was all I asked them to put down,” she said. Our Nikahnama are real designs by real artists. Each Nikahnama drawing started from the hand on paper and gave them a handmade feel that sets them apart from the rest. These are either original ideas or historical manuscripts reinvented by real artists. We don`t license designs from stock websites and instead support the work of real artists. We only own the copyrights of all our Nikahnamas, which is why our designs are so unique. I thought of Forrest Gump sitting on that bench and saying his iconic line, „Life was like a box of chocolates. You never know what you`re going to get.

My sister and I left the office stunned. As we walked down the rickety stairs, I kept looking for signs that she would collapse and cry. But for now, she had cried enough. Learn more about dubious or overpriced Nikah contracts in our IG guide here. The marriage contract can also determine where the couple will live, whether or not the first wife allows the husband to take a second wife without his consent. The woman has the right to initiate divorce, his name is Khula. She returns the dowry (mahr) or not, depending on the reason for the divorce. The man has the right to divorce.

Prenuptial agreement is somewhat similar to prenuptial agreements once negotiated for upper-class Western wives, but can extend to non-financial matters that are typically ignored by marriage agreements or prenuptial agreements. We have also worked with Islamic scholars to provide a complete 4-page marriage contract with the most accurate wording, sent digitally with each order. It contains all the requirements for a valid Nikah as well as optional attachment points. It is fully compliant with Sharia law. Our Nikahnama packages are real contracts, not just pretty pieces of paper. I am a young man who is engaged and who is going to get married. I have heard that the woman can set conditions in the contract at the time of the marriage contract. My question is: what are the limits of these conditions? What happens if the conditions are broken? Is it possible to give the woman herself the right of divorce (talaq) if I violate these conditions? Is it possible that the condition is, for example, that I do not take another woman and that if I take another woman, she will be divorced from me? „A woman from the upper middle class or even the lower middle class won`t say how much more she asks for or if she wants something at all because you know, `log kia kahaingay`. And women who could really use this protection, such as those in rural areas or the working class, don`t even know their rights. .