Islamic Marriage Contract Differences: Comparing Sunni Madhhabs

(Hanafi, Maliki, Shafi'i, Hanbali)

The marriage contract is different according to each Islamic legal school. Hanafi, Maliki, Shafi’i and Hanbali marriage contracts compared and below are the unique characteristics of each school and a table comparing the differences between them. This variety of legal solutions has always been considered a richness of Islamic thought.

Hanafi

Maliki

Shafi’i

Hanbali

Les particularités pour l’école Hanafite

Les particularités pour l’école Malékite

Les particularités pour l’école Chaféite

Les particularités pour l’école Hanbalite

Does Every Marriage Need a Wali? (by Madhhab)

Presence of the Guardian

Not required if the woman is of age

Required

Required

Required

How Many Witnesses Does Your Nikah Need? (by Madhhab)

Witnesses

Required during the marriage ceremony

Witness: 2 men or 1 man and 2 women

Required during the wedding ceremony or after the wedding night

 

Witness: 2 men only

Required during the marriage ceremony

 

Witness: 2 men only

Required during the marriage ceremony

 

Witnesses: 2 men only

In an Interfaith Marriage

Possible choices Muslim and/or non-Muslim man

Man must be Muslim

Man must be Muslim

Man must be Muslim

Understanding Spousal Payment Options (by Madhhab) - Dower (Mahr)

Conditional Dower

Yes

No

No

Yes

Dower

(Option to include profit from work)

No

Yes

Yes

Yes

Minimum Dower

Yes

Yes

No

No

Deferred Dower

Yes

Yes

Yes

Yes

Adding Conditions (Shurut) to Your Contract: What Can You Include? (by Madhhab)

Types of Conditions

Promise made to the wife

 

With the husband’s obligatory acceptance

Promise made to the wife

 

With the husband’s obligatory acceptance

Promise made to the wife

 

With the husband’s obligatory acceptance

Commitment to the wife

 

With the husband’s obligatory acceptance

Type of Sanctions

Sanction with the husband’s agreement

Sanction with the husband’s agreement

Sanction with the husband’s agreement

Automatic sanction

Financial Responsibilities: Maintenance for Wife and Household (by Madhhab)

Appropriate Amount

According to the husband’s means and the wife’s standard of living prior to the marriage

According to the husband’s means and the wife’s standard of living prior to the marriage

Only according to the husband’s financial means

According to the husband’s means and the wife’s standard of living prior to the marriage

Divorce and Child Custody (Hadana): Understanding Your Rights (by Madhhab)

Custody of Children (hadana) in the Event of Divorce

No waiver

Option to waive

Option to waive

Option to waive

Custody of Children (hadana) in the Event of Divorce in an Interfaith Marriage

Custody only for Muslims

Custody not reserved for Muslims

Custody only reserved for Muslims

Custody not reserved for Muslims

Increase in the dower

Yes

Yes

Yes

Yes

Talaq al-Tifwid (Delegation of Divorce): Granting Divorce Power to Your Spouse (by Madhhab)

Delegation of Divorce to the Wife by the Husband

Irrevocable

Irrevocable

Revocable

Revocable

Spousal Support (Muta'): Optional or Required? (by Madhhab)

Muta

Optional

Optional

Required
(free amount)

Optional

La Kafa'ah (Spousal Compatibility): Factors to Consider (by Madhhab)

Number of Possible Criterias

6 criteria

  • The spouses are equal in birth
  • Equally long history in Islam
  • The husband’s profession is as honorable as that of the wife’s father
  • The spouses have equal morality and equal piety
  • The spouses have equal wealth

  • There are no slaves in the husband’s family

1 criteria

  • The spouses have equal morality and equal piety

6 criteria

  • The spouses are equal in birth
  • Equally long history in Islam
  • The husband’s profession is as honorable as that of the wife’s father
  • The spouses have equal morality and equal piety
  • The spouses have equal wealth

  • There are no slaves in the husband’s family

6 criteria

  • The spouses are equal in birth
  • Equally long history in Islam
  • The husband’s profession is as honorable as that of the wife’s father
  • The spouses have equal morality and equal piety
  • The spouses have equal wealth
  • There are no slaves in the husband’s family

Would you like help choosing your contract?

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Imam Zakariyya Siddiq du Preez

Imam at Masjid Al-Aashiqeen (South Africa)
Graduate of the Darul Uloom Zakariyya Institute of Islamic Education (South Africa)
Director of the Family Court (IFC/South Africa)
Specialist in Islamic family law
Dear Brothers and Sisters,

Marriage is a sacred institution of great spiritual importance and the foundation of morality and family stability.

The marriage contract is undoubtedly the most important contract in the lives of Muslims.It must therefore be carefully prepared and drafted to ensure that the couple and the family unit thrive.

The Nikacontract.com website enables everyone to choose what suits them best, while fully respecting Sharia law and the teachings of Islam.
Imam Zakariyya Siddiq du Preez

Dr. Muhammad Faizul Haque

Assist. Professor at Manarat International University (Dacca, Bangladesh) Doctor in Islamic Sciences</strong (International Islamic University Malaysia (IIUM)) Spécialist of Revealed Knowledge and Heritage (Qur’an & Sunnah)
Dear Users,

Nikahcontract.com offers practical solutions for all Muslims and People of the Book (Ahl al-kitāb) to create their marriage contract according to their wishes and in full compliance with Islamic Sharia law.

This unique site respects the ethics and spirit of Islam in regards to couple relationships and family preservation, wherever you live in the world.

The well structured and comprehensive approach of theNikahcontract.com website, organized according to the four Sunni legal schools, makes it easy to formulate and develop marriage contracts for everyone. The practical aspect of the website will make it accessible and beneficial to people all over the world.
Dr. Muhammad Faizul Haque

Dr. Fajri Matahati Muhammadin

Lecturer at Gadjah Mada University (Indonesia) Doctor in international law and Islamic Sciences (Islamic University of Malaysia,(IUM)) Spécialist in International public law, Islamic Law and Thought especially in relation to international law.
Dear Users,

Marriage is a fundamental pillar in the life of a Muslim and the marriage contract, right from the start, is essential to build a solid family foundation.

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Dr. Fajri Matahati Muhammadin

Dr. Munshid Falih Wadi

Professor at the University of Diyâlâ (Iraq)
Doctor in Islamic Sciences (University of Baghdad)
Specialist in Philosophy of Fundamentals of Religion, Quranic sciences, Interpretation and Islamic Thought
Dear Users,

Nikahcontract.com is an exceptional website that enables anyone to draft a marriage contract correctly, without any prior knowledge and in compliance with Islamic rules.

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Dr. Munshid Falih Wadi

Dr. Saad Khalifa Al-Abbar

Professor at the University of Benghazi (Libya)
Doctor in comparative Islamic law (Université Paris II Sorbonne)
Specialist in Islamic jurisprudence and Islamic law with a focus on comparison to civil law.
Dear Users,

Nikahcontract.com offers practical solutions for all Muslims and People of the Book (Ahl al-kitāb) to create their marriage contract according to their wishes and in full compliance with Islamic Sharia law.

This unique site respects the ethics and spirit of Islam in regards to couple relationships and family preservation, wherever you live in the world.

The website’s well-structured and comprehensive approach, organized according to the four Sunni legal schools, makes it easy to formulate and develop marriage contracts for everyone. The practical aspect of the site will make it accessible and beneficial to people all over the world.
Dr. Saad Khalifa Al-Abbar