Marriage Contract Page 6
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16Marriage Contract
CONCEPT OF MARRIAGE
Marriage is a provision by Divinity to unite a man and a woman for purposes of
procreation and satisfaction of our innate desires. It makes permissible what
would be prohibited in other circumstances and maintains the nobility of
descendants. It is an institution in which two personalities, attitudes, mindsets
and souls decide to live together and face all challenges of life in a manner that
is pleasant to the Almighty, giving continuity to the species of Believing Human
Beings – a fact the Holy Prophet (SAW) will be proud of on the day of
Judgement. His followers created a chain of believers who worshipped Allah
Almighty.
CONCEPT OF DIVORCE
Ideally, a man and a woman, willing to adapt to each other’s likes and dislikes,
preferences, attitudes, etc. should be capable of living together until death do
them part. However, in the real world it is not so. Cognisant of the diversity in
peoples’ nature, Divinity has provided a break clause for such a partnership and
labelled it DIVORCE. This break clause, however, cannot be exercised easily and
it remains the single permissible thing that the Almighty detests most.
There are many conditions within a divorce, but separation and a break up of
marriage frequently ends up in acrimony and hatred. It is this that the Almighty
detests.
It is with this need to bring about all divorces to an amicable end that the
following conditions are laid down.
DISCLAIMER
This marriage contract construction is a sample form, created for the purpose of
being presented to the community at the World Federation Triennial Conference
in Dubai in September 2006. All parties are advised to make the requisite
changes in order to comply with local legal regulations within the Islamic
framework. The World Federation, its affilitates and all those who assisted in the
preparation of this contract are not liable for any defects therein. This has been
provided as a service to the Khoja Shia Ithna Asheri community, and does not in
any shape or form constitute legal advice.
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