Islamic PreNup

Society Religion & Philosophy
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Seeing some marriages dissolving in the community out here, and the wars on financial assets that rage afterwards, I have been wondering what the value would be of a well-drafted formulaic and standardized Islamic PreNup, and whether it would help facilitate divorce processes in states/countries where divorce laws are not necessarily the same as divorce laws laid out in the Quran and Sunnah?

For example, in some American states, if no prenup has been registered, the assets of the husband and wife (including those assets that do not have joint names on the titles) are up for 50-50 division.

Therefore, lets say I marry someone unemployed, and I have an income and gifts from my family and inheritance. I then get divorces and all these assets then get split in half, even though his name wasn’t on any of my assets. Had there been a prenup, this wouldn’t happen.

BTW, that’s a real case - just happened recently to a friend - he’s run off with half of what she’s worth, and he’s worth nothing financially speaking. He made out pretty well too, and when requested that an Imam or religious leader get involved to inform him that what he’s doing is Islamically wrong, he refused any such intervention.

Anyway, I was talking to this friend, and noting the divorce trend in the community, and the fear and discouragement of prenups…it seems odd that Pakistanis would be against signing a prenup that JUST LAYS DOWN THE BASIC ISLAMIC PRINCIPLES OF DIVORCE, including how the assets get divided, and who owns what?

So, Islamically, my husband has no right over any of my private assets that I came into the marriage with. And when/if I leave the marriage, I walk away with those assets and he still doesn’t have a right to them. But the laws in America don’t necessarily comply to that, unless you draw up a prenup agreement outlining these conditions.

Do you think a standardized Islamic prenup - encouraged by Islamic clergy - would fly for expats?

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Re: Islamic PreNup

I don’t really think it has to specifically be termed ‘Islamic’. Because if you were to follow the Islamic way of marriage then the Nikkah itself is the PreNup because the amount of money fixed for the bride is what she will get, should you decide to get divorced. But in the modern world, law of the land overrules such and thus grants the division of 50/50 or whatever depending on the location.
As for PreNup, it really depends on the other family and what they think of it. It’s kinda like…manners if you will. They might think you want it because you don’t trust them or they may think you’re belittling their child. So if you and your partner don’t mind, it’s fine. The purpose of marriage is to make an effort to have a family and please the Divine. When you split with a mutual understanding in the same manner that you got married, there should be no problem.
This link may help shed some light on the issue in great detail.

or
http://www.islamfortoday.com/prenuptial.htm
Both carry same info by the way.

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Re: Islamic PreNup

Unfortunately, no. Even with non-muslims, the cases of prenups are very strange... a man might want to protect his assets no matter what, but the woman hes marrying will take it to mean that she's marrying him for his money...

also, the fact that ur laying down conditions for a divorce implies that the person thnks there isa chance the marriage will end in a divorce, and most ppl dont enter a marriage thinking that it MIGHT end.... majority fo ppl who get married do so wiht the intent of staying together til death....yes thing shappen that the marriage dissolve before that...

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Re: Islamic PreNup

I'm not talking about prenups in the usual sense used in the United States so that the wealthier partner can protect their own earned-inherited wealth.

I'm talking about a prenup that outlines the Islamic laws of division of assets during a divorce, so that one doesn't need to go by the law of the land.

I find it odd Teggy, that you encourage using the law of the land. Meanwhile, muslims will have an uproar when it comes to any law that impinges on exercising your right to wear a hijab or laws that regulate what goes on in a madrassa. So, is it not injustice to expect a female to take a risk of undergoing a divorce through the laws of her land that don't afford her the same rights that Islam does?

I think this is something the Islamic community abroad needs to push. There are too many working muslim women now who have their hard earned wealth, which no husband has a right to, at stake. A friend of mine has made a considerable amount of income, and has debts to pay off from her schooling, and yet, her ex-husband is walking away with nearly 10,000 dollars.

Incidentally, he is unemployed, and has been unemployed since his graduation. His family told my friend and her family that he's a doctor. Turns out, he did not have a degree even.

The law of the land divided up the assets she had accumulated after being in the workforce for less than a year.

Is this fair?

I told her that she should have had a prenup signed, that simply allowed her the basic rights she has given by God according to her religion - i.e. that her husband can't touch her wealth or her family's wealth. Some of the money he made off with was her inheritance.

?

May I remind you that the law of the land permits prenups, and this is the right of an American citizen entering a marriage contract.

The Nikkahnama does not have this information regarding division of assets on it, does it? In detailed terms, that is?

Why do some people over-react so much?
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Re: Islamic PreNup

^That is precisely why i said PreNup is neither Un-Islamic, no discouraged. It's only practiced less for personal reasons between the couples/families for reasons Sara named as well. The whole trust issue arises. BUT....If you talk to your to-be husband/wife, and explain that this is what you want and that's what you think is fair because love should be for each other and unconditional anyways, then hallilouja!....that's great. Unfortunately, often your partner will think like 'oh so she/he thinks i'm gonna run off with half the money' and that puts a wedge between the two to begin with.
And, if you have a PreNup, that basically is YOUR override to the land-of-law, because you've effectively written your own terms & conditions for marriage and the law will abide by it if both of you sign it, indicating that you both agree to marry under such conditions. Islam is all for protecting the women/men's right accordingly. Times have changed so new methods have been adopted to carry through with the whole my right/your right issue, but the core of the issue remains. If prenup is something that makes you comfortable in getting married and joining in union with a mate then go for it. Lawyers will ofcourse word it out and make you a PreNup but it can be tailored to your needs (Sharia rules, etc).
Now you said about the law of the land, unfortunately that's how it is because that's the charter of rights by default unless both parties were to mutually agree to walk away with nothing from each other and keep whatever each had. So yea, you're right it is NOT fair indeed, but it's in place to protect both parties in case you should happen to marry a lunatic, who otherwise would've taken it all from you (fraudulent ways or what not), so this way the law grants you atleast half.
And i'm sorry to hear about your friend. :(