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Can Amendments Be Made To A Marriage Contract?
If marriage is a contract between a man and a woman at the time of starting a family, then if there are some differences between them and one of them wants the contract reviewed and have some changes to be listed in the contract, can he/she demand it? So that he/she wants to avoid talaq and the family doesn’t break. And if both of them agree can the marriage contract be changed?
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8 Replies
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Can Amendments Be Made To A Marriage Contract?
updated 4 years ago
4 Members
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8
Replies
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I am not a scholar, but based on my knowledge, a contract can be changed if both parties agree to the change without any undue stress, pressure or blackmail. It is important that both parties receive advice from their own independent council from a sincere and a knowledgeable person and understand pros and cons before agreeing to a change.
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Once two parties are bound by a contract, no party can demand a change in the contract. However, if both parties agree to a certain condition then what’s the need to modify the contract anyway? In a married life lots of things are agreed upon between the husband and the wife without any legal documents.
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This is true Faisal especially in marriage. But I am thinking that Allah has emphasized people to write down the contracts. I understand that is normally in money transaction and trade, but any agreement if written helps people remind what they agreed upon in case they forgot later. Also when it is written, a person can’t claim that he/she misunderstood what the other said or that the person did not have sufficient time to think before agreeing. Also if written people fo not forget details.
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What you say is correct, but it’s not feasible to draw a legal contract every time a husband and a wife agree on something, or to pull out the contract and threaten legal action whenever there’s a violation of an agreement. What the Quran says about financial matters is a different thing.
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I totally agree with you Faisal. I did not mean legal contract. For normal marriage life, there shouldn’t be any contract written or verbal. I only see for example that after marriage, husband or wife worked hard together and got very rich and everything is on husband’s neme. So if ever divorce happens, the wife requests to either write a business contract or amend marriage contract where she would receive certain amount or share of assets in case of divorce. I have seen in our society during marriage they write down the minimum amount of Mehr. That amount may need adjustment in case couple becomes very rich.
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Understood. In the U.S. this kind of protection is provided automatically by the state through family law. I can see that it might be required in countries where such laws don’t exist.
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Faisal, not even in the US, not every state provides these protections.
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