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Old 11-16-2007, 08:31 AM
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Revert
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Default Re: Marriage Contract

Quote:
Originally Posted by Arabesque View Post
Marriage requires the consent of the wali and the presence of two witnesses. The "consent" and the "witnesses" are part of any contract that involves mu3amalat (dealings). Marriage also involves mu3amalat, because there's going to be a financial provider and of course the question of inheritance, or alimony in the event of divorce.

Besides, the word 3aqd in Arabic literally means "tie or knot". So when one says, "The man 3aqqad on this woman", it means "he married her/tied the knot with her", and that is the fiqhi definition for all types of 3uqood.

In reality, however, marriage is a social contract. So once you have done your ishhaar (to announce to the public) and people come to know you're married, that's considered enough. But in today's world there are too many complications, and a written contract is necessary. Say a man stops paying his nafaqah to his wife or divorcee - the only way a woman can prove she was married once or divorced is by presenting a written document to support her claim.

Also, if a husband dies and his family refuse to give the wife her inheritance, she might need to prove she was married to the husband as well. It might not be necessary if you have witnesses and stuff, but let's be realistic. People lie. You can "hire" witnesses these days. Also, if you live abroad where not many people know you, it's going to be difficult to claim your rights. A contract is good, especially for women.
I meant a contract in the western sense of a written notarised document. A marriage certificate stating that you were married on a certain date with witnesses signing it is not what i meant by a contract. I understand what you mean though, my point was if you are worried that your spouse is going to cheat you somehow then a Pre Nuptual contract won't save the marriage...just find somone else who is trustworthy.
Quote:
Originally Posted by Anderson View Post
Clauses I'd like to add.

1.Three slap limit, she can slap me as many times as she wants I don't really care but she has to give me 3 slaps and not make a big deal about it.

2. Possibility to extend clause one at monthly meetings with a simple electoral college vote- the more you weigh the more electoral points you have.

That's about it.
I gotta spread rep
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