Islamic marriage contracts

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  • #4816

    Maria
    Participant
    When an Islamic man marries, it is my understanding that there are civil and religious contracts. A friend of mine who is Islamic told me that in the United States, the civil contract protects the woman. But he did not go into detail. Can someone please explain the difference in the two contracts, and in what way the contract protects the woman?

    User Detail :  

    Name : Maria, Gender : F, Sexual Orientation : heterosexual, Race : White/Caucasian, Religion : Christian, Age : 60, City : jacksonville, State : FL Country : United States, Occupation : sales, Education level : Over 4 Years of College, Social class : Middle class, 
    #19300

    ib
    Participant
    Well, I don't know about the American law, but in Islamic law, when a man and woman marry, the woman is given conditions which the man should obey, so the marriage becomes like a contract, the woman is also given the right to divorce and the right to keep her own last name. A woman can lay down any conditions of her choice and the man has to obey them no matter what. The man is assigned the role of the provider and protector and the woman is assigned the role of homemaker and financial consultant, the man isn't allowed to hit his wife at all, he's supposed to protect her. The roles assigned are very bendable, so the woman can be the provider and work if she wants to and the man can be the homemaker. The civil contracts that you're talking about are probably the state law that protects all men and women. In the Islamic law, the man can protect his wife and the woman can protect her husband. There are a lot of other things as well (not elaborated on by the media :)) but that would make this a boring read, doncha think? Hopefully, this may answer your question...

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    Name : ib, City : Auckland, State : NA Country : New Zealand, 
    #27028

    Linda C
    Member
    I am no expert on Islamic law. However, there are a few things I know. In Islamic law the husband only needs to verbally proclaim that he wants a divorce 3 times and they are divorced. A woman can also divorce her husband but it is a lenghty and not so easy process. The man maintains control of the marriage contract at all times. The idea that a woman could actually gain a divorce from her husband was a bit radical at the time. At the time of the divorce, the husband is required to give the woman a lump sum of cash. The fees are guided by Islamic law and that is it. The children will stay with the mother until the children reach the age of 10 or 12. Then custody transfers to the father. Now I am sure that at the time when the prophet wrote these laws, they were very radical and very supportive to woman. Women were generally treated like property and had no rights otherwise. There are also inheritance laws so that the female children are entitled to a certain percentage of the inheritance when the parents are deceased. The inheritance did not just go to the sons. Also rather radical idea for its day. Since these were laws written in the Koran over 500 hundred years ago, no one has updated them. It would be like going back and rewriting the Bible or any other main religious Holy book. So what was once a radical step in protecting women for its time, is somewhat outdated and seems backwards to us in this culture. Since Islamic cultures base their laws to some extent or almost entirely on the writings of the Koran, things get stuck there. The fact that the Koran gives more legal rights to women than our own Bible is something to consider. Then that leads to a debate within these cultures of how to progress and modernize, while still keeping their faith and cultural identity. So you have the more secular societies like Syria and the more extremely closed and strict societies like Saudi Arabia. If anyone would like to add or correct any of this information. Please feel free to do so.

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    Name : Linda C, Gender : F, Sexual Orientation : Lesbian, Race : White/Caucasian, Religion : Catholic, Age : 45, City : Bristolville, State : OH Country : United States, Occupation : nurse, Education level : Over 4 Years of College, Social class : Middle class, 
    #32785

    Debora
    Participant
    The contract protects the woman by its contents. It could have provisions about doweries, property,standards of living. It could have a clause about the woman's wish to remain in the work force. It could contain standards by which a man should treat his wife (and vice versa), or other 'deal breakers.' These standards by which a woman should be treated are taken for granted in this country (but sometimes insufficient-for all the abused and poor women in the country), but are not taken for granted in Islam. I believe the 'religious contract' you're describing is the wedding and ceremony, which is, of course, also vital to the marriage, but does not legally protect the woman like a good marriage contract will.

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    Name : Debora, Gender : F, Religion : Muslim, Age : 40, City : Virginia Beach, State : VA Country : United States, Education level : 4 Years of College, Social class : Middle class, 
    #26838

    Leo S.
    Member
    Strictly speaking, Islam does not separate between religious and civil, hence many of the problems that arise when the Muslim world meets the secular world. Marriages are regarded as essentially a civil matter by most Islamic scholars, in that they regulate the relationship between two people. Bride and groom have the right to include any conditions they want in a marriage contract (it is much like a prenuptial agreement) as long as they do not violate Islamic law. The bride may insist on certain rights in the marriage and the contract then protects those rights.

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    Name : Leo S., Gender : M, Age : 37, City : New York, State : NY Country : United States, Occupation : Teacher, Education level : Over 4 Years of College, 
    #15631

    L-Farook
    Participant
    If there are, then the contracts would be optional, not mandatory. I married a Muslim man and we had no such contracts.

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    Name : L-Farook, City : Sri Jayawardenapura, State : NA Country : Sri Lanka, 
    #14894

    Annie
    Participant
    I was married in Turkey (my husband and I are both muslim) in both a religious and a civil ceremony (they are seperate there, and religious officials are not allowed to oversee proceedings at the official civil ceremony.) Especially in countries like Turkey where religious ceremonies are not recognized by the goverment as legally binding, the civil contract/marriage certificate, etc. 'protect' the woman because they come with government's backing to ensure the husband fufills his legal obligations. If a woman (or a man, for that matter,) of any religion doesn't know what the laws are, they can be duped into a marriage that takes advantage of them. Regardless of your religious beliefs, in the U.S. a marriage needs to be legally valid to protect all parties.

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    Name : Annie, Gender : F, Sexual Orientation : Straight, Race : White/Caucasian, Religion : Muslim, Age : 27, City : Shanghai, State : NA Country : China, Occupation : Teacher, Education level : Over 4 Years of College, Social class : Middle class, 
    #40415

    Aa
    Participant
    There isn't actually a religious contract in Islam, just a short sermon to relate the union of marraige to the couple & the guests, in religious terms to remind them of their obligations to one another & God. The contract itself is witnessed by two eligable males (by that i mean those who satisfy certain criteria for being witnesses- character, standing etc- not batchelors!) or a male & two females (the reason for this has to do with the practicalites of calling witnesses to account in the case of disputes & locating males is usually easier). A sum of money is used as a sort of bond on the contract & this is usually in relation to the social standing of the bride ( can be anything from a couple of hundred dollars to hundreds of thousands, Just a point: this is kept by the wife if the husband divorces her, & returned by her if she requests a divorce). Both husband & wife have to fulfil their respective obligations with regard to the marriage & these are laid out in religious law, the man being financially responsible for the women in every aspect of her expenditure, insomuch as if she is used to domestic assistance it is incumbent upon him to provide it at his expense & to provide her with maintenance in return for her fulfiling the domestic duties (whatever they have decided upon) Any money she earns through business ventures or otherwise is solely her property & he has no claim on it even if he is struggling to make ends meet. A right of the male is not to have conjugal relations denied, unless due to ill health. This is to preserve the family unit as the foundation upon which all of society rests & therefore there is no excuse for infidelity or unfaithfulness. As a male I'd say if you look at the Islamic scriptures, the women has it easier in many respects, it's just a shame the majority of muslims don't live by it. As for polygamy; it is permitted but only if the wives are treated equally, not only financially as in providing residence & upkeep but also physically, which is something very few men in very unusual circumstances would be capable of. On top of that you'd be very selfish & somewhat reckless to do so if your wife disagreed, & would be held accountable.

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    Name : Aa, Gender : M, Sexual Orientation : Straight, Race : Asian, Religion : Muslim, Age : 26, City : wales, State : NA Country : United Kingdom, Occupation : Healthcare, Education level : Over 4 Years of College, Social class : Middle class, 
    #29028

    Blue_S_k
    Member
    If you want to know about Islamic laws about women the best thing to do is first get in touch with a mosque and get to know women themselves. And you will see that Why Islamic law is so favourable to women that once they really understand its true value they ask wow now thats is not what I read in the newyork post. Here is what Islam offered to women 1400 years ago 1) Right to own property 2) Right to inherit from decendents 3) Right to say their opinions in public meetings (Can be interpreted as vote in currenctdemocratic rules) Example: Ayesha was a vocal public figure in Islam ,we are still 1400 years ago. 4) Right to work in public places (With islamic values in mind) 5) Right to manage home for family and its commerce, and social liberties. 6) Protection from Spousal Abuse. Alot of times you hear that wow Muslims are wife beaters. Here are fact. Islam stated clearly you are not to do anything to harm your wife...period. I mean you cannot hit a women that exceeds hiting by a small tree branch ... what that means is something as small as a pencil that does not hurt. Or even leaves a mark.. such is the extent People who are waiting to bash the religion say oh well there you go that is that go ahead by Islam to beat wifes and women. I mean you hear stories in France , some guy got kicked out from france for Wife abuse... no .. Islam does not say wife abuse is ok its say here .. if you do anything more anything that hurts your wife leaves a mark means you have done wrong... No the rule is do not hit women if you really loose it you will be accountable for it if it leaves marks on the women's body, a small pencil or a branch(tweeg) does not harm anyone What we see in homes in western and even muslims is spousal abuse it is not because anyone wants that its just social abuse that must be stopped. Social problems should not be blamed on any religion. Islam does not allow spousal abuse. Infact you are allowed to stop speaking to the women to show your displeasure in extreme cases. Divorce comes in in extreme cases , but its said that its extremely dishonourable thing to divorce a women and annul a marrige. The law of 3 divorce is in place to give both men and wife chances to talk over their differences with arbitrator work it over (Marrige counselling) Much more These laws were in place 1400 years ago ....

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    Name : Blue_S_k, Gender : M, Age : 25, City : Toronto, State : OK Country : Canada, Occupation : Project Manager, Education level : 4 Years of College, Social class : Middle class, 
    #44317

    Karim
    Member
    In its original form and in most Muslim countries the marriage contract is single. The marriage becomes official when the contract is registered. A civil marriage is an alternative not a requirement. An authentic Muslim marriage contract can contain any conditions mutually agreed upon. For example it can define who has the right to divorce, if alimony will be paid by whoever divorces or only by the man, etc.. In most Muslim countries these options are constrained. And by the way it's your friend is Muslim not Islamic.

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    Name : Karim, Gender : M, Age : 23, City : Los Angeles, State : CA Country : United States, Social class : Middle class, 
    #15808

    Sam
    Member
    When Islamic man gets married, he does a contract with is wife. In this contract they decide how much money he should give to his wife in case they get divorce. (Something like prenuptual agreement). This is called 'Maher' amount. It could be anything from $1 to couple thousands, or millions if you own oil well? Also to get divorce all husband has to do is to say 'Talak, Talak, Talak' to his wife. That's it. Even if he says by mistake the couple is considered as divorced. Isn't this is an easy way to get divorce!!! I have heard of cases where husband had divorced his wife over the phone!!!

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    Name : Sam, City : Lewisville, State : TX Country : United States, 
    #39836

    Ralph
    Member
    If you mean 'civil contract' as in 'Marriage Licence', I would suspect that he means that it gives the woman more rights, such as divorce, inheritance, alimony, etc, that are not present in the traditional contracts in predominantly Muslim countries.

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    Name : Ralph, Gender : M, Sexual Orientation : Straight, Race : White/Caucasian, Religion : Atheist, Age : 20, City : Salina, State : UT Country : United States, Occupation : Looking, Education level : High School Diploma, Social class : Lower class, 
    #27747

    MZSK
    Participant
    Its the same for a man or a woman. In the U.S., most states require a contract as well. That is the 'marriage certificate' that is filed with the clerk of the court. However, it is still necessary that the marraige be solemnized by someone, whether it be a justice of the peace or a minister of some sort. Its not any different in Islam. When we get married in the United States, we are still required to get the same civil marriage certificate from the clerk of the court in the place where we live. However, we then have our marriages solemnized by an Imam and we sign a muslim marriage contract called a nikah khat. The Islamic marriage contract has a provision in it for a dowry to the woman. Sometimes its land or money or something of substantial value that she gets in case of divorce. Islam allowed a woman to own property (in this way it was different from Christianity and Judaism) and this property is specified in the contract. Maybe that is what he meant by it protecting the woman.

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    Name : MZSK, Gender : F, Sexual Orientation : Straight, Race : Near Eastern, Religion : Muslim, Age : 33, City : Baltimre, State : MD Country : United States, Occupation : Attorney, Education level : Over 4 Years of College, Social class : Upper middle class, 
    #19498

    AM
    Participant
    In Islam there is only one required contract and that is the religious one. The requirements for it include 2 male witnesses the groom and the male guardian of the bride along with her consent. This contract gives a woman all of her full rights as a Muslim including the conjugal, and financial rights. In the case of a dispute, a woman should go to the local imam (islamic scholar) to work out any issues or request a divorce. As for the civil contract, it is the legal binding in the country, as in the US one must submit the appropriate legal paperwork to recognize a spouse. This protects a woman where she can go to the court in the case of a dispute.

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    Name : AM, City : Fairfax, State : VA Country : United States, 
    #17157

    Sanau
    Participant
    Hi there Are you talking about contracts that are signed in America?? I am a muslim and I did not get into any contracts with my husband. Islam itself provides me the rights. to name a few, the right to keep my own name, my own property and business (husband has no say and does not get anything or have a right ot it), the right to earn and keep the whole earnings, and in the case of a divorce, the husband has to support me and the kids financially. In case I get remarried, he deosn't have to support me but has to keep up the payments for the kids. I think we have a weet deal here!

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    Name : Sanau, Gender : F, Sexual Orientation : Straight, Race : Maldivian, Religion : Muslim, Age : 27, City : Male', State : NA Country : Maldives, Education level : Over 4 Years of College, 
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