Question:
Assalamu 3laikum. Shukran Syedi/Syedia for answering our question.
I would like to know Mawlana’s(QS) advice regarding pre nuptial agreements. Since Muslims today get married under two laws, in some countries their total assets will get split 50/50 in case of divorce. If one wants to avoid this happening to his/her inheritance from his/her parents, are we permitted to have a pre nuptial agreement. More over what is the advice for two married Haqqanis to follow when it comes to such matters? Please advice and forgive our ignorance. Bismillah. Allah bless you and forgive me.
Answer:
wa `alaykum salam,
In Islam there is a dowry you are responsible to pay when you marry or when you divorce or when the husband dies. And this dowry (mahr) can as much high as you both agree at beginning of the marriage. ie. the mahr is a form of contract which must be fulfilled either if the marriage continues or it breaks. Therefore a pre-nuptial agreement can be done.
Shaykh Muhammad Hisham Kabbani
