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  • Is it okay to have a document choosing the Islamic way of handling divorce agreed and signed by both parties before the wedding?

Is it okay to have a document choosing the Islamic way of handling divorce agreed and signed by both parties before the wedding?

No, so you don't want to do that.

You see this a lot when it comes to prenups. You see this a lot when it comes to wills.

You write a document that says that upon divorce, I want Islamic law to apply.

And now you're gonna have some old white judge reading this and saying, number one, I don't want shariah law in my court.

Number two is how are they supposed to interpret what Islamic law means.

You're gonna have this non-Muslim judge decide how that's gonna work?

No, rather, I like to have the Islamic outcome come through not mentioning Islam.

Like in a will, instead of saying that I want my assets distributed to Islam, you would just simply say, I want one fourth to go here.

You would actually lay it out.

So, in that same way, you would want that to be laid out practically in your prenuptial agreement.

The other thing is that signing that document in anticipation of a marriage is going to be considered a prenuptial agreement.

And going back to our three factors, you're not gonna have lawyers, you're not gonna have a financial disclosure.

Maybe there's no duress, but you're not gonna have those two things so that document is gonna be worthless in my opinion.

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