An equitable marriage contract in islamic

Your islamic marriage contract

Disassembling the Foundation The notion that the mahr is the price of sexual ownership is part of the foundation governing Islamic jurisprudence in regards to nikah. Another issue that arises is the need for partners to be financial equals. As the goal is to find one that is equitable, I focused my search to sharikas, or partnerships, rather than contracts of sale, lease, or rent. Akbik 14 The lack of a canonical foundation of the mahr being a purchasing price for sexual rights of a bride opens the door for an alternative marriage contract. This marriage contract also permits the joining of two partners of any sexual orientation, as pleasure and not reproduction is seen as the basis of marriage. Ali writes that the consensus on the pre-Islamic understanding of the 11 Ibid. He enjoyed sexual pleasure with them even though they did not produce children, either out of choice or biological constraints. Furthermore, religious figures have no right to enforce mahr obligations due to state divorce laws. This approach is particularly disadvantageous to Muslim women who form their marital contracts abroad and do not expect for their agreements to be interpreted under American common law.

In regards to inheritance and debt, this contract does not attempt to supersede any authority in verses and Oxford: Oneworld,5. In order for Muslim-American women to achieve financial equity upon divorce, American courts must take into account the cultural and religious norms that underlie mahr agreements.

Islamic marriage contract in usa

I feel that providing an overly complex and rigid foundation would cause many problems to arise. The normal waiting period of 3 months could be followed, although considering the availability, a medical test could be used to verify and end the waiting period sooner. Both parties would have this power and thus it would be an equitable facet of the contract. Thus this would be disallowed by the contract. In the United States, premarital agreements generally function to shield the property and income of a wealthy spouse from claims of a dependent spouse upon divorce. Akbik 3 there is no inherent requirement for a wali in Islamic law. A New Model In an attempt to offer an alternate model, I chose to review available financial agreements addressed in Islamic law. This marriage contract also permits the joining of two partners of any sexual orientation, as pleasure and not reproduction is seen as the basis of marriage. By removing this as a requirement, equality, the goal of a mufawadah, is insured. As the goal is to find one that is equitable, I focused my search to sharikas, or partnerships, rather than contracts of sale, lease, or rent. Oxford: Oneworld.

Ideal the dower paid by the Prophet to his wives or received by his daughters 4. Jurists have interpreted an obligation for a man to propose with a gift that matches his joy for his desired bride as guidance on how to purchase a wife.

The marriage tie is considered a protection for both the male and the female: 'They feminine plural are raiment for you masculine plural and you are raiment for them. Akbik 15 Bibliography Ahmed, L. Gender Equity These aforementioned issues dealing with the nikah are centered on gender inequity.

conditions for valid marriage contract in islam

Furthermore, religious figures have no right to enforce mahr obligations due to state divorce laws. This procurement suggests that the husband therefore owns his wife.

By removing this as a requirement, equality, the goal of a mufawadah, is insured.

Difference between civil marriage and islamic marriage

However, during the marriage, if one party 38 Bilal, 3. One last issue of note is that only the male holds the right of unilateral divorce, talaq. Syracuse: Syracuse University Press. Bilal, G. Any desired specific stipulations for the marriage e. The model does seem to be promising, but as someone who is not a hadith scholar, I can only suggest that further work be done to identify the validity of use of this potential document. If one of the partners should pass during the marriage, the issues of inheritance and a waiting period arise. Austin: University of Texas Press, , Under Islamic law and tradition, a couple, prior to marriage, must execute a marriage contract. In order for Muslim-American women to achieve financial equity upon divorce, American courts must take into account the cultural and religious norms that underlie mahr agreements. Wadud, A. Kugle argues that the Prophet never taught that the purpose of sex was for procreation, but rather that Muslims should have active sex lives so they may cultivate reciprocal relationships of pleasure and trust. Symbolic e.
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Marriage Contract