Praise be to Allah عزّ وجلّ, peace and blessings be upon our Prophet Mohammed صلَّى الله عليه وسل
Marriage in Islam is a contract. It is Allah عزّ وجلّ, creator of the universe, who has so decided. A contract is a commitment that creates rights and obligations between two people. It can be negotiated between a future husband and his wife while meeting certain conditions. |
Adding clauses and conditions to one’s marriage contract is an option.
In Islam, spouses can express their wishes, needs and desires when they draft their marriage contract. (See “Why Create a Marriage Contract” in the guide.)
It is their right defined by Allah عزّ وج. The Ummah must accept and protect this right.
That is why future spouses must not hesitate to express the needs and expectations they have about their marriage when drafting the marriage contract.
Supplemental clauses and conditions may relate to many subjects.
Such clauses and conditions are understood differently depending on the Sunni legal school (see “Supplemental Clauses and Conditions for the Marriage Contract” in the guide).
Neither husband nor wife should be embarrassed or ashamed to discuss and include these types of provisions as long as they obey Sharia. Supplemental clauses and conditions are commitments that both spouses must keep.
The Quran and the Sunnah emphasize the importance of keeping one’s word and commitments, particularly concerning marriage.
“O you who believe! Fulfill your commitments.”
(Quran 5:1)
“The stipulations most entitled to be abided by are those with which you are given the right to enjoy intimate relations with your wives.”
(Boukhari Hadith 5151 and Mouslim Hadith 1418)
Supplemental clauses and conditions give a couple the option to define each partner’s expectations and wishes on personal, legal and religious levels.
Including supplemental clauses in the contract gives the couple and each spouse the opportunity to discuss which values are important to them in advance. It also allows them to think about their future life together and to include in the contract items that matter to them and that they think will be important to preserving the harmony of the marriage, in accordance with the spirit of the Quran and the Sunnah.
Many practical and spiritual subjects may be brought up and discussed in order to better understand the points where the couple agrees or disagrees, and, where appropriate, to attempt to find compromise solutions they can include in the marriage contract.
Halalmarriagecontract.com offers clauses that are in tune with the spirit of the Muslim moral code and that assemble the main issues that may present themselves to a couple.
Couples may add their own conditions and desires and are encouraged to do so, provided that they abide by the teachings and prohibitions of Sharia.
Your marriage contract will be a permanent reference for you so you can define roles and responsibilities. The couple may refer back to it, particularly if they have a disagreement, in order to support or to rule out a spouse’s requests.
And Allah عزّ وجلّ knows best