Marriage Contract Page 16
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16Marriage Contract
acquired during the marriage period. In case of dispute about the cause for
divorce, the Shi‘a Ithnã-‘ashari religious authority (the resident ‘ãlim or the
marriage committee or the arbitration board) will determine whether the
divorce was initiated by the husband or the wife.
* One-forth or one-third or half are various options that both parties can agree upon.
Such a condition will hopefully discourage some brides from asking for
exorbitant amount in the deferred mahr as a financial security. Let the mahr
be a true consideration from the groom to the bride, and not a financial
security certificate for after divorce. Muslims, women and men alike, must
realize that getting anything from one’s spouse in form of spousal support or
alimony through civil courts will not make it legitimate from the religious point
of view. It will be considered ghasbi, usurpation. Such spousal support or
alimony can become religiously legitimate only if the issue of division of
property was included in the Islamic marriage contract. It must be clarified
that the issue of child support is different from the spousal support issue: a
father is still responsible for providing for the child even when the mother has
the custody.
Other Remarks on Optional Conditions:
Although we do not encourage intra-faith marriage (i.e., marriage of a Shi‘a
Ithna-‘Ashari to a Muslim from other sect), if a Shi‘a Ithna-‘Ashari lady
decides to go through such a marriage, then, it is essential to get the right of
divorce “if she or her children will not be allowed to practice the Shi‘a rituals
and rites.”
Question: Are these optional conditions only valid if they are added to the
‘aqd at the time of marriage or can a couple write up such an agreement
even after the marriage? Would such an agreement be valid from religious
perspective?
Answer: Yes, any couple who agree on such or other conditions —as long as
those conditions do not contravene the shari‘a— can write such an
agreement and that will be as valid as a contract signed at the time of the
marriage.
A final note: The issue of optional conditions can be very sensitive —more so
since it is not common in our communities— therefore, it is absolutely
important to discuss and study the issue much before the actual marriage
and not at the time of marriage ceremony.
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