- Nikah Masterclass Newsletter
- Most people don't follow Islamic law at the time of divorce.
Most people don't follow Islamic law at the time of divorce.
What you mentioned about not mingling pre and post marriage money.
How does this apply when women's money by default is theirs? A husband can't claim that.
There's a difference between Islamic law and American law.
Islamically speaking, the husband has no right to the wife's money.
But that's not the law of the land.
In America, if the wife has money, that is going to be considered in a divorce.
If the husband is going to submit their case into a Western court, that's what's going to happen.
So in order for you to protect yourself from that, you need the prenuptial agreement.
There's Islamic ideals, but me being a divorce attorney for the last 10 years I would say 95 percent of people do not follow Islamic law at the time of divorce when they understand that they can get a lot more through American law.
People will put Islam to the side and just say I'm going to take whatever I can.
The husband says, well yeah Islamically, I can't take anything, but the court system is going to give it to me.
The court system has the ability to literally, if there's a court order, to take that money out of your account. So if you want to protect yourself, you have to protect yourself from the court system that actually has power over you.