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- If a term in an Islamic prenup is violated, does that violate the nikah marriage?
If a term in an Islamic prenup is violated, does that violate the nikah marriage?
So here's the thing, you can't violate a prenup.
Because that prenup is saying, what happens at the end of this marriage.
What happens upon divorce.
That prenup is not supposed to talk about the day-to-day aspects of your marriage.
Like you're supposed to pay for this, you're supposed to do that. No.
All it says is that if we end up divorcing, this is what happens to the property. This is what happens with maintenance, and this is what happens with mahr.
So it doesn't violate the marriage.
But when it comes to a term in the nikah contract, that's definitely different.
In a nikah contract, let's say for example that the two of you agree that husband can't take a second wife.
If that happens then in an Islamic court there might be ramifications, there might be something like that.
There would be a action you could take in Islamic law against your husband for not abiding by the nikah contract.
Whereas in Western law, your only remedy for the violation is divorce.
Whereas Islamically they allow for these court cases so that they can hopefully keep you guys together.
So that's another very big difference between Islamic law and Western law.
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