Is it Permissible to Have A Prenuptial Agreement
Channel: Waleed Basyouni
File Size: 7.66MB
I would like to discuss the issue of placing prerequisites, putting conditions in the marriage contract.
Is that allowed or not? Is that permissible or not? You know, today people don't have a prenup.
Or putting the oldest conditions in the marriage contract and to secure your rights and things of that we we heard from our friend who was a guest of
brother use of God, how important for you to consider a marriage contract that is a legal binding document, especially even related to the well and also
how to make that legal. So that's something I will highly recommend that when we put these prerequisites in these conditions to make sure that it's are binding, you know, and review that with lawyers
to make sure that this condition that you put in the marriage contract is just not papers that worth nothing, if you want it to be really a binding documents. So here I'm talking about from an Islamic perspective, or from legal perspective, that's something that you have to as you heard, the lawyer advising you to seek a wire and a legal advice
as a concept isn't allowed for us to put prerequisites to put conditions in the marriage contract. Okay. And this issues, there is debate between the scholars on it.
The majority actually said no, you're not allowed to put any conditions in the marriage contract, Abu Hanifa Shafi Mack and he said and if you put any condition the marriage contract, there are not binding conditions Islamically
why be said because they said marriage contract never was defined by Sharia as a contract that contained conditions. When in Ephesus Allah made these there's no conditions in America contract Islamically it just about like acceptance offer an acceptance and Welly and that's Mahara, and that's it, but there is no really conditions. And they said any condition is not in the book of Allah, it is invalid even if you put 100 condition and the hadith is very famous.
So they said also the process Salam said, Muslims should be binded by their conditions, unless it's a condition that makes something Halal haram are from the color palette, and they said, they said the majority said and the marriage contract everything is helot for her to put a condition to make this certain things haram for him or not allowed for him. That's changing the law. You know, Sharia
and other hand. Element Muhammad Rahim Allah the hen Abdullah and Lieberman Zarya Rahim Allah is happy, great scholars, and before them suddenly possible how we are humbled than our so called the surah mob disease or Woo's all these great names among the successors.
And from the Sahaba of the Elohim and later on Rubin Tim you know, I am wrote excessively to support this idea that it is allowed to put pre put conditions in the marriage contract simply because it's a contract and in contract that what we do we put conditions and prerequisites and Allah subhanaw taala said we'll move forward and beyond me that I do and those who fulfill their promises when they promise and Allah subhanaw taala said Oh, who you believe fulfill all contracts and that includes a con marriage contract. Also the prophets of salaam said Indeed the conditions that are the most worthy of fulfillment are the one which you stipulate to make intercourse with woman lawful to you
so very clear and body all Muslim? How come out of item b shirt masala to beautiful roach. So the most deserving conditions to be fulfilled out of the condition that was put at the time of marriage. They said that's very explicit evidence. Also, the prophets of salaam said Muslims act upon their conditions stipulations at that they have set down report without except let's make Halal haram make this idea the majority when they use this evidence the set to them. We're not saying here the marriage contract conditions will include anything haram it will include things which is halal to put. So if the condition for example says
one of the condition the wife said that I will have another husband that's making something haram haram that will be invalid. Okay. So that's will be or one of the conditions that will have intercourse during my maintenance which is haram in Islam. So these conditions if you put it in the contract, it would be invalid.
Some of the thing that was concerned for those who said no condition. If these conditions are not invalid, they would work
worry that it will invalidate the contract. We said no, the contract is valid, but doesn't mean necessarily that the conditions are valid. And here the scholars who said that they said there is two types of conditions
and carefully listen to me, because that helps you manage contract and other contracts, well, contracts that has to do with the essence of the contract, sorry, conditions that is related to the essence of the contract.
And conditions that are not related to the essence of the of the contract.
If they are related to the essence of the contract, the contract will be invalid.
condition like what I will we marry each others with the condition that we don't not sleep with each other
that invalidate the whole contract that contract invalid, because the whole entire marriage is about making her lawful for you making him lawful for you. You know, what the condition in marriage, no children at all.
You cannot have children that invalidate that. But what if we say we delete children?
That's fine. But to say because that contradicts the essence of the contract. Okay? They whatever the marriage, they said, one of the condition is, you're not allowed to leave Houston, I have to live in Houston. That does not do the essence of the contract.
Okay, one of the condition is to shave your beard. That's haram. I don't fulfill that condition. But it has nothing to do with the essence of the contract. You follow? Give you another example. Outside the contract, I buy your car said I sell you my car with a condition you don't drive it.
Right, that contract is invalid. You see, I'm sorry. But I sell you a car but us fix it only at that dealership or buy it I'm not going to listen to this contract condition. I'm not entitled for it, because it will not invalidate the contract because it's not the essence of the contract. The essence is I bind the car to use it.
Is that clear?
So here we cite it as simple as this the Anambra said if this is the conditions are put in the contract we look at it if it contradicts the essence that's invalidate the contract. If it is does not invalid, it does not contradict the essence of the contract. And they are haram we just dismiss them.
Example, if a woman said I married you, but a condition you don't marry another woman.
Islamically Is he allowed to marry another woman?
She cannot say you cannot marry another woman. So that condition is invalid
and he's not adhered to it. He doesn't have to do but if she said if you marry another woman, I have the right to divorce