Terms and conditions of the Muslim marriage contract:
Definitions:
Nikah
- The Muslim contract of marriage;
Mahr
- prescribed amount (cash/kind, immediate or deferred) given by the bridegroom to the bride in consideration of the marriage;
Witness
– two adult witnesses of good character;
Ijab/Qabul
- formal marriage proposal and acceptance;
Husband/wife
– bridegroom/bride after marriage contract;
Talaq al-tafwid
– delegation of the husband’s power of talaq (divorce) to the wife.
Preamble to Contract:
The marriage agreement involves some obligations and rights toward each other sanctified by Allah and His messenger, Muhammad (peace and
blessings be upon him). Fulfilling the terms of this contract is a religious obligation and duty rewarded in this world and hereafter. Violation of these
agreed terms constitutes a sin.
Apart from a formal contractual obligation marriage is also a relationship between two human beings, a man and a woman, that is ideally based on
love, mercy and kindness. The partners are therefore expected to base their behaviour not just on legal rights and duties but on the spirit of goodwill,
generosity, consideration and sympathy, taking into account each other's individual likes and dislikes. They are expected to conduct all family affairs
through mutual consultation in the spirit of giving more than less (Q: 83 : 1-3).
All the rights and obligations expressed or implied hereunder are according to the Shari‘ah derived from the Qur’an, Sunnah, Qiyas and Ijma‘ as
codified by prominent Muslim Jurists. Since a marriage contract is a social contract entered into willingly, it recognises and upholds all prevailing
social norms, etiquettes and local customs (implicit or explicit), including the law of the land, which are not in direct contradiction of the Shari‘ah.
Mutual Rights and Obligations:
Marriage is a union for life having mutually inclusive benefits and fulfilment for the contracting parties including the following:
•
Preservation of chastity and security of gaze
•
Companionship inside and outside home
•
Emotional and sexual gratification
•
Procreation and raising of any children by mutual consultation
•
Agreement to live together in a mutually agreed country and establish their matrimonial home therein
•
Working collectively towards the socio-economic welfare and stability of the family
•
Maintaining their individual property rights but contributing to the welfare of the family according to their capacity
•
Maintaining social contacts with family and friends mutually beneficial for the family
•
Managing their individual activities/roles inside and outside the home by mutual consultation
Obligations of the husband:
In addition to the mutual duties and obligations, the husband undertakes not to:
•
abuse his wife/child(ren) verbally, emotionally, physically, or sexually
•
desert/be absent from the marital home for more than 60 days unless by mutual agreement
•
withhold economic contribution towards his wife/family
•
sexually transmit disease or other transmissible diseases
•
misuse /interfere with the wife’s property
Obligations of the Wife:
In addition to the mutual duties and obligations the wife undertakes not to:
•
abuse her husband/child(ren) verbally, emotionally, physically, or sexually
•
desert/be absent from the marital home for more than 60 days unless by mutual agreement
•
sexually transmit disease or other transmissible diseases
•
misuse/interfere with the husband’s property
Special Conditions
•
Both parties reserve the right to amend/alter the contract through mutual written agreement.
•
Both parties undertake to stay loyal to each other and never to engage in extra-marital affairs with the opposite or same sex.
•
The husband is not to enter into formal or informal nikah (Muslim marriage) contract in the UK or abroad with another woman, as it is
unlawful under the laws of England and Wales as well as the Scottish legal system.
•
The husband is to procure separate/independent accommodation from shared or parental abode.
•
The husband delegates his power of divorce (talaq al-tafwid) to his wife.
•
Details of any additional special conditions mutually agreed upon by bride (Name)……………………………………………………………..
and groom: (Name)………………………………………………………
Arbitration and adjudication
•
All differences between husband and wife pertaining to this contract, its interpretation and implementation should be amicably resolved
between themselves.
•
However, failing satisfactory resolution of differences, both parties undertake to settle their differences through family consultation and/or
community leaders.
•
Before resorting to legal redress through British civil courts parties undertake to seek arbitration/reconciliation through a reputable UK-based
Shari‘ah panel/body/council whose decision shall be morally binding on both parties.
•
In matters of child(ren), custody and property possession/division the decision of a British courts will be acceptable to both parties.
Termination of Marriage contract
•
Parties to this contract undertake to endeavour to do their best to uphold the terms of this contract
•
Neither party will end this contract unilaterally without recourse to arbitration/reconciliation by an independent Muslim professional body.
•
Failing to resolve differences through arbitration/reconciliation they seek legal redress through UK-based Shari‘ah body and/or a British civil
court depending on their circumstances
i.e., if the marriage be conducted at a mosque registered for civil marriage, and arbitration fails to
resolve the dispute, the marriage must be dissolved through British court first.
If the marriage was not conducted at a mosque registered for the purpose of the solemnisation of civil marriage and arbitration fails to resolve
the dispute, the marriage can be dissolved without recourse to a British court, but the parties must agree that this process must take place
through a reputable UK-based Shari‘ah/body/council.
© The Muslim Institute, London, 2008
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