Ummm Islamic marriage contracts are legally binding, unless there are illegal stipulations in the contract that the court of law can't enforce. The contract serves as a form of protection and a reminder. That's not to say the contract can't ever be changed once signed, as long as both parties agree to the revised contract & sign to the revised contract, then it's all good.
Here's how I see it. If the husband goes back on his word, the agreement he made to the wife, in front of Allah, swt, in front of their witnesses, and in front of their community, then he's a douche bag. Plain and simple.
Say you get divorce and he refuses to acknowledge Islam's stance on the father being 100% financially responsible for his children, and you never had a contract, you then can't go to the government and expect that they uphold that Islamic ruling. There was no contract made, he may have verbally agreed to it in the beginning, but verbal agreements do not hold up in the court of law. Simple fact. Everything needs to be written out and signed. It doesn't even have to be notarized, just signed by the two parties and witnesses.
In terms of a second wife- homeboy can 'Islamically' marry her and not 'legally'. So here in the states, the second woman is his mistress not his wife [commonwealth states, such as Pennsylvania, may recognize religious ceremonies]. Sure, it's said that adultery is a crime here in the states, but it's a blue law so it's barely ever enforced. It's like sodomy. Many don't realize but sodomy between homosexuals or heterosexuals were actually still illegal in parts of the US up until 2003 [all except the military of course, where it is illegal]. Again, laws that weren't upheld.
Either way, it's not my problem if some sisters don't want a contract. It'll be them, not I, who'll be up ****s creek without a paddle or boat for that matter if things turn for the worst. They just shouldn't complain when it does, since they served themselves that plate.
shadha-