How can we use Islamic contractual theory in USA?

The way that we use contractual theory, which is the Islamic basis of marriage, is through a prenuptial agreement.

And that's our main argument is that if we want to turn this unity theory marriage into contractual marriage, then use a prenuptial agreement.

The limitation, however, is that a prenuptial agreement cannot resolve issues of child custody or child support, but it can resolve issues of property settlement, of alimony, of mahr and anything to do with money.

But it's not allowed in America to pre-contract issues when it comes to the children rather than the state will use something called the best interest of the child.

If the two of you agree on how child custody is going to happen, you can do that privately, but you cannot use that as a tool against the other spouse to say "Hey 10 years ago, you signed that I'm going to have custody". Why are you backtracking now? That's not going to be a legal argument for you.

So that's how we can use contractual theory in USA through a prenup.