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In the Name of God بسم الله
Ibn Al-Shahid

In a country where marriage laws are unfair...

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3 hours ago, habib e najjaar said:

Pre nup the Islamic requirements and guidelines for marriage on the major problem areas: grounds granting right of divorce, custody of children in case of a split and property.

I thought pre-nup too, are pre-nups legally binding? I thought they were just a modern fad. 

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3 hours ago, Ibn Al-Shahid said:

How would one go about getting married so that they wouldn't get screwed over by the court?

That's very vague. What do you mean? Can you provide examples?

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1 hour ago, aaaz1618 said:

I thought pre-nup too, are pre-nups legally binding? I thought they were just a modern fad. 

Depending on how they are structured, most of these things can be framed as "conditions" on the nikah certificate, and nor necessarily a "separate" pre nuptial agreement. It is universally acknowledged that a marriage is a contract. What contract has no terms or can be forced to have no general and specific terms?

Entering a pre nup/having conditions in the nikah cert requires a level of mutual emotional intelligence though, so that no offence is taken in negotiation and discussion of terms.

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1 hour ago, aaaz1618 said:

Child custody possibly?

I also thought of outlawing polygamy, but then I wondered what court would do anything with that.

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In the US I've heard that prenups are for financial matters in marriage only, so you can't decide custody of kids in it. Each country has different laws though. But even in countries like the US, I'd imagine saying in your nika contract things like my husband isn't allowed to be married to anyone else in Mutah or in permanent marriage is at least Islamically binding to your husband since he promised, so he doesn't turn around and say you never got him to promise that he isn't allowed to be married to anyone else as long as you two are married. We knew a guy who married a woman, and afterwards revealed the secret that he is married to another woman from before they got married. 

 

Edited by Lilly14

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