Writing bride's rights in marriage contract
Fatwa No: 363490

  • Fatwa Date:3-1-2018 - Rabee' Al-Aakhir 16, 1439
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Question

Is it right in the Shariah to write money, jewelry, the plot, and the house on the marriage certificate for the safety and security of the bride? The parents of the girl want to write some of the things mentioned above seeing the attitude of boy, and the groom says that the terms are wrong/forbidden in Islam. How can one assure the safety and security of the bride in Islam?

Answer

All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

If you mean writing down her financial rights over her husband, such as the deferred portion of the dower, then there is no problem with that. In fact, such rights should be documented in order to preserve her rights. Allah, the Exalted, instructed His slaves to document their debts in writing; He says (what means): {O you who have believed, when you contract a debt for a specified term, write it down. And let a scribe write (it) between you in justice...} [Quran 2:282]

The command in the verse does not mean that writing the debt is obligatory; rather, it is only recommended according to the majority of scholars.

Ibn Juzzi  may  Allaah  have  mercy  upon  him wrote, "Issue no. 15: Writing down the dower. It is not among the conditions of the marriage contract; however, the marriage contract and other contracts should be written down and documented in order to preserve rights and eliminate disputes." [Al-Qawaaneen Al-Fiqhiyyah]

In case of disputes, the case should be referred to the Muslim judge (in the Shariah court) to settle the dispute and give each his due.

One of the most effective means to preserve the rights of the woman is to choose a pious husband for her. The authentic Sunnah urges the Muslim guardian to be careful in choosing a spouse for the woman under his care. Abu Hurayrah, may Allah be pleased with him, reported that the Prophet, sallallaahu ‘alayhi wa sallam, said, "If there comes to you one with whose character and religious commitment you are pleased, then marry (your daughter or female relative under your care) to him, for if you do not do that there will be Fitnah (temptation/tribulation) in the land and widespread corruption." [At-Tirmithi and Ibn Maajah]

A man said to Al-Hasan Al-Basri  may  Allaah  have  mercy  upon  him "A number of suitors proposed to marry my daughter, so to whom should I give her in marriage?" He said, "Marry her to the one who fears Allah; if he loves her, he will honor her, and if he dislikes her, he will not oppress her."

You should also perform the Istikhaarah prayer (guidance-seeking prayer) before the marriage, as there is abundant good in it. In essence, Istikhaarah means reliance upon Allah and delegating one's affairs to Him, believing that He would choose what is best for him. Please refer to fatwa 81434 about the Istikhaarah prayer.

Allah knows best.

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