Marriage Agreement in Islamic Law Sample Clauses

Marriage Agreement in Islamic Law. The term marriage covenant is not explicitly discussed in classical fiqh books. The term in classical fiqh books almost the same as the marriage agreement is “Conditions in Marriage” or “al-Syuruth Fi al-Nikah”. The term conditions in this marriage are not the same as the “Marriage conditions”. This includes the conditions for marriage, such as marriage carried out between a man and a woman who are 19 years old, both have clear identities, are Muslim, and agree to marry. The terms and conditions in marriage are the same as the term marriage agreement because the marriage agreement contains conditions that the parties to the agreement must meet. The parties who agree here are the prospective husband and prospective wife, who are obliged to meet the conditions in the marriage agreement (Xxxxxxx, 2020). The statement of carrying out the marriage contract, which is expressed in the sentence of consent and xxxxx, must be said in absolute sentences, meaning direct sentences, not associated with certain conditions, such as the requirement to divorce the wife after the marriage takes place within a certain period, for example after 2 or 3 years (Xxxxxxxxxx et al., 2021). According to Islamic law, marriage with such conditions is not valid, and this is the same as Nikah mut’ah, or marriage for a while called “contract marriage”. Therefore, the marriage agreement is separate from the marriage contract and is carried out outside the marriage contract, even though it is still in the atmosphere of the marriage contract. There is no legal connection between a valid marriage contract and a marriage agreement. If the conditions made in the marriage agreement are not fulfilled, it does not automatically cancel the valid marriage contract. However, the party who feels aggrieved because the conditions agreed in the marriage agreement are not fulfilled can take legal action in the form of annulment of the marriage. Making conditions mutually agreed upon between the prospective husband and prospective wife written in the original legal marriage agreement is allowed. However, if the agreement has been made, then fulfilling the conditions that have been agreed upon is obligatory, just as the law fulfills other agreements. This is understood based on several verses of the Qur’an, such as “O believers! Honour your obligations.” (Qur’an 5:1). “Honour ˹your˺ pledges, for you will surely be accountable for them” (Qur’an 17:34). The Prophet Xxxxxxxx XXXX explained in his hadith, “Musl...
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