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- How can we make a prenup stipulating that Islamic law is used in all disputes?
How can we make a prenup stipulating that Islamic law is used in all disputes?
I've heard it's easy to get it thrown out, so what's the point of doing it?
That's the problem is that when people create prenuptial agreements, they're kind of lazy. And they say that, okay, upon divorce, everything is going to be determined by Islamic law.
And you can imagine that if a contract like that is given to an American non Muslim judge and they say, okay, everything's gonna be according to Islamic law.
They might object and say why are we interpreting Sharia law?
Why are we letting the judge interpret what Islamic law has to say?
Rather, the way that you write these prenuptial agreements is you make it look like some non Muslim contract and you basically dictate what Islam would say without saying Islam.
Like for example, let's say, you stipulate in your prenuptial agreement that anything I purchase during the marriage will be mine. Anything that she purchases during the marriage will be hers. Anything that we make joint will belong to the both of you. That's typically how we do prenuptial agreements in our office. Those are the standards. Okay.
There's nothing to do with Islam. Right? And so why wouldn't a judge enforce that?
The second part of it is alimony. In an Islamic prenuptial agreement, theoretically we are going to waive maintenance and say that there's no long term maintenance except for the first three months according to Islamic law.
So again, you're not saying that what you're saying is upon divorce, husband shall provide $3,000 a month for the first three months after divorce.
So we're making it look like a non Muslim contract.
As a future high earner, what can I do to ensure my wealth and assets are protected from a 50/50 split in the worst case scenario?
If you're gonna get legally married, prenuptial agreement.
The prenuptial agreement is the best way to ensure that you control what happens on divorce, because you're right, it would be a 50/50 split.
And I think there's another misconception.
It's not worst case scenario, that should be the expectation, right?
Don't think that, okay, if I get divorced, oh my gosh, she's gonna get half of everything.
That's the expectation.
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