Marriage Contract Page 7
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16Marriage Contract
MUTUALLY AGREED STIPULATIONS WITHIN THE ISLAMIC SHARIA
“When a man marries a woman, he should say:
‘I abide by the covenant of God to retain her in fairness or let her go in
kindness.’
Imam Ja’afar as-Sadiq (a.s)
Please initial the stipulations which you are in agreement with:
Bride
Bride
Stipulation
Groom
1.
The husband gives an irrevocable authorization to
the wife to appoint someone as his representative
(Wakil) for divorcing her after seeking approval of
the resident alim, or her father, or her brother in
the following cases:
a)
If the husband ill-treats and or physically
abuses his wife to such an extent that it
becomes extremely difficult for the wife to
continue the marital relationship
b) If the husband abandons the wife such as
she becomes a suspended woman neither
married nor free to marry for more than six
months continuously.
c) If the husband divorces his wife in the civil
court but refuses to give her the religious
divorce.
d) If the husband is addicted to drugs and
other intoxicants.
e) If the husband obstructs the wife in the
fulfilment of her religious obligations
(wajibats).
2.
Distribution of assets
a) Everything possessed by either spouses
before marriage (Nikah) shall remain their
personal properties.
b) All gifts endowed by the Bridegroom and his
family shall be returned to the husband and
all gifts endowed by the bride and her
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family shall be returned to the bride.
OR
c) All the gifts and presents exchanged in
between them and their respective
members at the time of their engagement,
at the time of their marriage and thereafter
shall be the absolute properties of the
recipients and shall not be subject to any
claim or recall by either of the parties in the
event of the termination of the marriage
d) An amicable solution will have to be
mutually agreed upon for all gifts endowed
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If option (b) is selected, a list of all gifts included under this provision must be appended to this
contact.
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