Friday, August 08, 2008

UK: New Muslim marriage contract

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The new Contract - launched on the day - provides women entering a Muslim marriage written proof of their marriage and of the terms and conditions agreed between the spouses. In the absence of such proof, women have faced particular difficulties in securing the financial rights guaranteed to them under the Shari'ah upon divorce.


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The Contract recognises the role Muslim women play in modern societies. Hence it does not require a 'marriage guardian' (
wali) for the bride, and also makes delegation of the right of divorce to the wife (talaq-i-tafweed) automatic. This right does not affect the husband's right of divorce (talaq) but enables the wife to initiate divorce and retain all her financial rights agreed in the marriage contract. The Contract also requires "two adult witnesses of good character", rather than the traditional insistence on two Muslim men. In today's multi-cultural Britain, women and non-Muslims must be recognised as just as capable of providing a reputable guarantee that the marriage took place and of the terms and conditions the couple agreed upon.


The Contract has been prepared by the Muslim Institute and endorsed by The Muslim Law (Shari'ah) Council UK, the Imams and Mosques Council UK, Muslim Council of Britain, Muslim Parliament, Utrujj Foundation, Muslim Women's Network UK, Fatima Women's Network, Muslim Community Helpline (formerly Muslim Women's Helpline) and The City Circle.



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Source: City Circle (English)