Marriage Contract Page 15
ADVERTISEMENT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16Marriage Contract
approval of the resident ‘ãlim* or her father* or her brother,* in the following
cases:
1. if the husband marries another woman without permission of the wife
named in
this marriage contract;
2. if the husband ill treats and or physically abuses the wife to such an extent
that it becomes extremely difficult for the wife to continue the marital
relationship;
3. if the husband abandons the wife and does not provide for her for more
than six months continuously;
4. if the husband divorces his wife in the civil court but refuses to give her the
religious divorce.
* These are various options in order to prevent emotions from clouding the decision-
making process on this serious matter of life.
The first condition might seem to be against the shari‘a law which allows
polygamy; but it is not so. The condition does not prevent the husband from
marrying a second wife; it gives a right of divorce to the first wife if she wants
to disengage herself from this triangle relationship. By putting these
conditions as part of the religious marriage contract, it becomes easier for
women to get divorce when they are faced with such situations.
2
Example: Property Distribution:
nd
From the shari‘a point of view, at the time of divorce, the wife is entitled to:
1. Mahr, if not already paid.
2. Her own property or belongings which she brought with herself at the time
of marriage or whatever she acquired by way of earning or gifts or
inheritance, etc. In case of divorce, this leaves many women, especially the
housewives, without any financial support. Unfortunately, the secular society
as well as the Muslim community does not recognize the contributions of the
“housewife.” Women’s liberation movement has degraded the status of the
mother and the housewife as opposed to a “career woman.” Her hard work in
managing the household, and rearing of healthy and good children who grow
up to be productive citizens is not adequately recognized or appreciated even
by her peers in the women’s liberation movement. The evolution of her title
from “housewife” to “homemaker” has not yet elevated the status of the wife
who chooses to stay at home, especially after the birth of her child. From the
Islamic point of view, a wife is not legally required to do the household chores
and take care of her own children; it is the husband’s duty to provide for his
wife and children. However, on a moral level, the wife is expected to help the
husband in managing the household and taking care of the children. This
difference on the legal and moral levels is so that a husband shouldn’t think
of his wife as a slave or a servant; he should appreciate the contribution of
his wife in his life. That is the true partnership in marriage. It is in this
background that we propose the following condition in the marriage contract
which provides for some financial compensation for the wife if the husband
initiates the divorce. If the husband initiates the divorce, then the husband will
give to his wife one-forth (or one-third or half*) of all the possessions that he
15
ADVERTISEMENT
0 votes
Related Articles
Related forms
Related Categories
Parent category: Business