Marriage Contract for a Muslim Couple (Top 10 Tips)
Under Islamic law (i.e. Shariah) and described in the Holy Quran, the Islamic marriage contract. A Muslim marriage contract refers to Nikah in Arabic that includes the capacity to enter into a contract, consent from the couple (with free will), awarding of Mahr, Maher, or Sadq (i.e., an obligatory bridal gift or dower from Husband to Wife), and sealed the marriage with the testimony of the couple's consent in front of two Muslim male witnesses. The Islamic marriage contract is the only way to legitimize the relations between Men and Women. A marriage contract for Muslims is the first step toward formally announcing a solemn declaration of marriage, both in spiritual, social, and cultural senses. Since "Nikah" is the contract under Islamic law, it forms the basis demanding the duties of legal rights and obligations for the married couple. The nuptial bond is revealed through the Holy Quran 4:1 verse, which states, "O mankind, fear Lord, who created you from one soul and created from it its mate and dispersed from both of them many men and women...". So, getting married, having children, and living life in peace is part of worship for Muslims.
Whether a Muslim or a non-Muslim, the marriage contract is required for many purposes as marital life progresses. A marriage contract for Muslims requires extra attention, especially in the highly dynamic world environment where technology is continuously evolving, and legal laws and legislation have become one of the biggest challenges to cope with.
Even though Muslims form the world's second-biggest Abrahamic religious community after Christianity, there was not a time when all Muslims were only Arab. Not only that, there are Muslims who are British, American, Canadian, Irish, French, and Indian Muslims, and you can keep going with them. This diversity brings a whole new challenge to the Family and Civil regime when Muslims have to observe Shariah (i.e., Islamic law) in addition to the country's law.
Marital contracts come first, but if you observe the sequence in the chart below, it will not make sense initially. Keep reading, and you will conclude why the order in the chart below is important to follow.
There are the top 10 tips we will share that you should consider before marriage: those who are young getting married or marrying a second or third time.
1. BE positive
Out of this question, most people are always upbeat when getting married. And that is not only a good thing but desirable. However, being optimistic is not enough; you must be proactively thinking outside the box when you embark on a new era of life. The good news is that everyone enjoys marital rights respected by faith and legislation, whether rich or poor. No country in the world today has banned marriages for specific communities.
2. A muslim marriage
A Muslim marriage has special requirements, including the freedom to choose a spouse, keeping limits after engagements and prior marriage, making the marriage a simple event rather than become a burden, Nikah (i.e., marriage ceremony under Islamic law), and starting life with peace. There is a lot of literature and guidelines to follow under Shariah for the bride and groom to live a life filled with joy, meaning, and spirituality.
3. Marriage contract or certificate
So, after getting married, a marriage certificate is issued by a local mosque or a Muslim association, which is typical in most countries. This marriage certificate can be in any language that does not matter; however, a proper procedure must be followed, and you should not miss the opportunity to get the marriage certificate. This certificate will be required for many legal purposes, including proof of name changes, property management, tax, and other legal requirements. In every stage, you must prove your marital status, whether educational, professional, financial, or legal. However, we found inconsistencies in various marriage contract templates available online. If you want one unified Islamically compliant and legally friendly template, you can get it from Wassiyyah as part of the Marital Property Agreement by Signing Up Premium membership.
The contract is fancy, with fewer required details than expected, which may compromise the Islamic ruling and legal regime.
The contract has too many details that can pose legal issues in the future.
The contract has traditional Islamic law details without keeping legal and modern views in mind.
The contract is mixed with a Marital Property and/or Marriage settlement agreement that can invalidate the Islamic ruling and, at the same time, may impact legality. You would not realize what is wrong because of a hybrid mixture of random terms among different types of agreement. It becomes hard to manage because a Marriage contract is usually fixed and not intended to change, but a Marital Property Agreement is a live document that may need to change at times.
The contract has too many restrictions on either bride, groom, or both that can restrict their life of free will.
The contract does not include the principle of Islamic jurisprudence declarations.
The contract is biased and weighs legality more than Islamic rulings and values.
The contract misses some important details that must exist per Islamic law.
The contract loses the flavor of simplicity, professionalism, and legal friendliness.
The contract is customized to meet specific associations' ideals rather than the fundamentals of Islamic ruling.
The contract is not editable. Entering personal and other information accurately is important by using the computer rather than writing it out by hand.
4. Official marriage contract
In the eye of legislation, marriage is not legal until the proper registration process is followed. In most countries, the process is pretty straightforward as it may require visiting the registrar's office of the court to finalize formal registration.
5. Marital property
The marital property agreement comes well before you get married. The value of this agreement cannot be understood and respected until you know it. You can learn the details about the Marital Property agreement here.
6. Estate planning
As soon as you get married, one of the first things you must complete is estate planning, even before the Marriage agreement, which is creating Islamic wills and/or trusts based on your situation. It is strongly recommended by many attorneys that the estate planning should be sorted out as soon as marital status changes.
7. Manage wealth
Keeping the tab on debt is important. Debt and Tax are not waived and must be paid even after death. So, minimizing the liabilities can make life smoother over time.
8. Record keeping
As marital life progresses, you get busier due to expanding family members, including children, and the record-keeping can be difficult. However, it plays an important role. The keeping record may include financials, estate planning, property titles, taxing, and debt management.
9. Going apart
One of the unfortunate situations that may arise is dissatisfaction and disputes in the family. In many situations, there will be no other option than dissolution. If you followed through with all the items mentioned in the proper order, it would make it much easier to settle the divorce. Right before the dissolution of the marriage, the Marriage settlement agreement will be required to be completed. One critical point to note is that there is not only a process that is required to follow legally, but you need to close out affairs Islamically as well.
10. Closing out
In addition to financial and tax obligations, estate planning documents need to be updated immediately after divorce to avoid any claims from previous marriages.
Islamic estate planning is important
Do not leave aside estate planning when you plan to marry or are already married. Please read “How Does Martial Property fit within Islamic estate planning?” to follow a clear strategy.
