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Prenuptial Agreement
What does Islam say about the prenuptial agreement before marriage .
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Prenuptial Agreement
updated 1 year, 8 months ago
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It is ok to do it keeping the objectives of nikah intact.
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If I may add my humble opinion. Prenuptial agreement will be against Islam and invalid if a party takes undue advantage of the weaker position of the other party and strips away fair rights of the other.
To avoid this, in California law (which seems to follow the Islamic intent) the agreement must be signed several months before the wedding date to give time to parties to think and allow them to change their mind if they deem it necessary. It gives them enough time to think with a cool mind well before the wedding date. Also, it avoids undue psychological burden on parties to sign agreement under stress if forced to sign close to or on the day of wedding. Also, both parties must be represented by their own lawyers to protect the interest of their client. Both parties must disclose their income and assets honestly for agreement to be valid. Still, if the court later finds that one party took undue advantage of the other, the court may disregard the agreement and issue judgment contrary to the prenuptial agreement.
I think all the above conditions must be met for a fair prenuptial agreement.
In my opinion, Nikah is a prenuptial agreement too, and it should meet all the above conditions.
Unfortunately, the Nikah agreement is signed on the day of the wedding. In most cases, the bride is in a weaker position, and her family accepts the bare minimum financial agreement allowed under Islam without any negotiation.
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