Nuptial agreement in Muslim marriage: a juristic analysis

Busari, Saheed Abdullahi (2024) Nuptial agreement in Muslim marriage: a juristic analysis. Jurnal Fiqh, 21 (1). pp. 1-18. ISSN 1823-089X E-ISSN 2289-7518

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Abstract

The nuptial agreement has been gaining attraction in the Muslim environment in recent times because of the assumed benefit to protect either of the marital partners in the advent of divorce or separation. Prenuptial clauses usually take effect immediately after marriage consummation and every party can lay claim to the agreement in the event of a breach, while postnuptial agreements are clauses agreed upon during the marriage period. Although there are complaints that Muslims from Western and non- Islamic societies might need prenuptial agreement in the place of khulʼ (redemption) to protect either party in the case of future divorces or separation, however, there are concerns about the rate of interest in the new couples from Muslim society opting for a prenuptial agreement. This study explores the concepts of prenuptial and postnuptial and their associated use by Muslim couples in contemporary reality. The study examines why Muslim couples from Islamic society are opting for nuptial agreement rather than khulʼ regulations in Islamic law and the need to identify essential for nuptial agreements in a Muslim marriage, especially in the case of Shartu fāsid (invalid conditions) in a marriage contract. The study uses a doctrinal approach to gather and analyse data from an Islamic perspective. The study found that despite the growing use of nuptial agreements to protect marital partners in modern times, Muslim couples should carefully consider Shariah-compliant nuptial agreements in marital matters.

Item Type:	Article (Journal)
Uncontrolled Keywords:	pre-nuptial, post-nuptial, khulʼ, marriage, shartu fāsid, Islamic jurisprudence
Subjects:	BPK Islamic law. Shari'ah. Fiqh > BPK36 Islamic law (General) > BPK78 Usul al-fiqh
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh Kulliyyah of Islamic Revealed Knowledge and Human Sciences
Depositing User:	Dr. Saheed Abdullahi Busari
Date Deposited:	16 Jul 2024 15:23
Last Modified:	16 Jul 2024 15:23
URI:	http://irep.iium.edu.my/id/eprint/113223

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