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Marriage contract in islam (Aqd Al-Nikah)

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Marriage contract in islam (Aqd Al-Nikah)

2020. október 04. - 19:07

And among His Signs is this, that He created for you mates from among yourselves, that ye may dwell in tranquillity with them, and He has put love and mercy between your (hearts): verily in that are Signs for those who reflect. (Quran 30:21)

Earlier I promised to write about the rules of marriage in Islam.
In Islam marriage is not a bond in heaven but between people, in fact it is a contract (Aqd Al-Nikah). Islamic marriage seems like a very easy procedure. You need the bride and groom who are going to be married, two witnesses and one Muslim who is accepted by all parties as religious dignity who carries out the ritual. It is about accepting one another voluntarily and agreement on the amount of the dowry. That’s all. At least, that's all if people would be credible and there would be guarantees and families behind the parties who are going to marry. These guarantees and families would secure the words in long term what have been agreed upon. Let's go into the details and examine the logic of the system.
Marriage contract must be negotiated together with the conditions of divorce. Strange, but very logical. In the period of love, it has to be assumed that the relationship will fail for some reason and after several years it leads to divorce. The couple may have children and joint property this time. How this all then will be shared and managed? It is better to discuss this before marriage than later with anger and resentment, if it turns that way. If we understand this basic principle, we shall also see the role of dowry. Contrary to popular misconception, the dowry is not the "purchase price of the woman", but it becomes exclusively the property of the woman, which the husband will have nothing to do with when the marriage takes place. The woman can invest it, can start an enterprise with or without her husband and it serves as a guarantee in case the relationship fails and the woman has to start a new life. Yes, I know! You see other examples in real life, don’t you? Maybe. I'm talking about the written rules of Islam, not about the stuff of a camel fair in a village.
The link below contains a marriage contract approved by us after being harmonized with European law. (http://www.eufatwa.com/sharia/marriage-contract-sample/) I am writing that it is harmonized with European law because in the optional conditions it involves an "agreement on right of properties" what contains division of properties between the parties. If this agreement is made before a notary, it can be part of the Aqd Al-Nikah what is supported by Sharia law. So, both rights can be followed at the same time.

It is clear from the contract that property acquired before marriage cannot be regarded as the subject of division of property. Neither is what one or the other party received as a gift during the period of marriage. Only property what is acquired jointly during the marriage can be divided between the parties. Jointly acquired property does not mean that woman must always be a partner in her husband's business. She is a co-owner even if she is a housewife, because this is her investment.
The marriage contract specifies the person (s) (Wakil) who will be accepted by the woman as the husband's representative if the relationship goes wrong. At the same time woman is represented by the elders of her family or a religious leader. Even if divorce is the right of the husband but it is negotiated between Wakil and a religious leader. If the contract contains items that details the rights of woman in case her husband mistreats her, consummates alcohol or drug, doesn't allow him to marry second wife, leaves or separates her for more than six months, bans her wife to practice her religion (which may be any Monotheistic belief) or he divorce her in civil court what is not followed by Islamic divorce, etc., the husband can be persuaded by Wakil and Sheikh to declare Islamic divorce. If he doesn't do this and the conditions of divorce which are stipulated in the contract exist, the sheikh may cancel the contract. Behold! It is true that divorce is the right of husband but Islam also protects the woman's right. However, since she may represent herself poorly, it is not her but the religious leader is the one who represents her case. Nobody talks about that! If divorce is completed, all points in the contract must be fulfilled. So, it is understandable that divorce is very easy as husband only needs to be declared it three times (however, there are rules how to realize it!!!), but at the time when divorce takes place the "agreement on the division of properties" comes into effect.
So. it's not that easy to become divorced. It is easy only when the marriage contract is crappy, she was blinded by love and believed to Ali, who made her signed an Arabic-language menu-card as Aqd Al-Niqah and she had no family or financial guarantees in her background.
Find love, spouse, family, but be mindful. I wish that for both parties. May Allah bless you all.
At the same time, I wish that non-Muslims would change their views on written Islamic laws to be more favorable. Personally, I consider marriage regulations in Islam as a very modern one.

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