Question
Please explain what an Islamic prenuptial agreement (Nikah contract) is? Also, is it permissible for a woman to include a condition in the Nikah contract stating that her husband will not take a second wife as long as she remains healthy and fulfils her responsibilities as a wife during their marriage? Some people say such a condition is un-Islamic - is that correct?
Answer
The laws pertaining to Nikah are prescribed by the Shariah. There is no prenuptial Nikah contract in the Shariah. If any condition is attached to the Nikah it will be examined in the light of the Shariah for permissibility or impermissibility. If a woman stipulates a condition prior to Nikah that her husband may not take a second wife, then even if the husband accepts, it will still be permissible for him to take a second wife.
However, if the condition states that if he takes a second wife, then the first wife will have the right to opt out of the marriage with Talaaq, then this condition will be valid. She will have the right to be divorced if her husband takes a second wife.
The condition is undoubtedly in conflict with the spirit of Islam despite its validity.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 28 No 05
- PDF page
- 3
Verbatim verified against the source PDF
Appears under BE NOT APOLOGETIC AND DEFENSIVE. This heading is the nearest headline at or before the page and is approximate. Do not cite it alone.