Pre-Nups Protect Muslim Women

by Admin on September 5, 2012

Muslim women are being encouraged to sign pre-nuptial agreements to protect them in case of divorce. Rarely implemented in Muslim culture, lawyers are promoting the pre-nuptial in case the husband caused problems in the marriage.

In the Muslim context, the agreement is more of a contract that can be drawn up before or during a marriage, and this will include terms and conditions that must be fulfilled by the parties during marriage, and will affect a divorce once breached.

The pre-nup is now being considered as an extension of ta’liq which is a contract recited after the akad nikah or solemnization of marriage. Both are aimed at protecting the rights of both parties when an agreement is breached.

Pre-nups for Muslim women can be a form of risk management especially when a women marries a foreigners or holds an important post.

Syariah and civil lawyer Amir Bahari said the agreements were especially important for women as it would act as a balance of power.

Pre-nuptial agreements in Thailand are increasingly used in Thailand divorce can simplify legal matters if a marriage ends.

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