Muslim Marriage Contracts (Shuroot): Adding Custom Clauses & Conditions
Praise be to Allah عزّ وجلّ, peace and blessings be upon our Prophet Mohammed صلَّى الله عليه وسل
Understanding Supplemental Clauses (Shuroot) in Muslim Marriage Contracts |
In Muslim marriage, spouses must express what they want for their life as a couple and as a family when the contract is drafted.
To do this, spouses may add clauses and conditions to their Islamic Marriage Contract which change or clarify the usual effects of marriage.
Most often, future spouses discuss and decide on these effects themselves, but also sometimes receive help from their families.
What Conditions or Wishes Can Be Included in Shuroot? |
Permissible Conditions & Examples
Spouses can address a wide variety of subjects in their marriage contract.
Conditions that may be added to the contract are clauses that the parties include in order to change the ordinary effects of the contract or to clarify certain aspects of marriage that are important to the bride and groom.
“If a woman fears indifference or neglect from her husband, there is no blame on either of them if they seek ‘fair’ settlement, which is best.” (The Quran 4:128).
Conditions That Are Not Allowed
Conditions that may be added are ones that are not contrary to the general goals of marriage, do not negatively affect the spouses’ rights, and relate to things that are permissible and do not go against Sharia.
They are very often useful to the future husband or wife. The practice of adding clauses to marriage contracts is not new or unusual in the Ummah and has gained popularity in modern times.
Who is the Most Affected by Supplemental Conditions and Wishes? |
Adding conditions or wishes may be more or less useful depending on whether it is the man or the woman who adds the clause.
The husband can, in fact, repudiate his wife without having to justify it by a violation of the marriage contract. However, contract conditions may allow him to specify what is important to him in his relationship with his wife.
Unlike her husband, the wife typically does not have her own power of repudiation; therefore, she may be interested in organizing her married life as she wishes by adding one of the permitted clauses, with the agreement of her husband and taking into account the demands of living together.
Variations in Shuroot Across Sunni Schools |
There is a difference in principle between the Hanbali school and the three other schools on the question of supplemental conditions.
1 – The Hanbali School Shuroot
The Hanbali school allows nearly any clause that amends the marriage contract.
According to the Hanbali school, individuals are free to insert any clauses and stipulations they deem useful into their marriage contract. And when those conditions are not fulfilled, the wife has the right to seek a divorce (Faskh).
3 types of clauses are prohibited by Hanbali school:
- Immoral conditions.
- Conditions that do not respect a prohibition made in a hadith or in a verse of the Quran.
- Conditions contrary to the essence of the marriage contract.
In sum, for the Hanbali school, if a condition is included in the marriage contract, that means it is obligatory before Allah عزّ وجلّ and Islamic courts
And when this type of condition is not respected, the wife has the right to seek a divorce (Faskh).
In the Hanbali school, conditions cannot be revoked without the agreement of both parties.
2 – The Hanafi, Maliki and Shafi’i Schools Shuroot
The Hanafi, Maliki and Shafi’i schools allow few conditions that would change the regular effects of the marriage and would also allow the wife to get a divorce if they were not kept.
Most conditions that lead to divorce are refused because they prohibit a spouse from exercising a right granted under Sharia.
However, conditions in the form of promises made by one of the spouses not to exercise a right that belongs to him or her can be written into the marriage contract.
For example, the husband can agree not to use his right to limit his wife’s movement outside the home.
The conditions that these three schools accept can be compared to promises spouses make to each other about their future life.
These are also commitments made before Allah عزّ وجلّ which absolutely must be kept.
Enforcing Shuroot & Consequences of Non-Compliance |
Promises vs. Conditions for Divorce
Muslim marriage is not only a contract but also a religious act because it is done according Allah’s عزّ وجلّ rules; therefore, marital conditions are a very serious commitment.
Breaking a promise made to Allah عزّ وجلّ is a serious sin and only Allahعزّ وجلّ can decide to forgive or to punish the guilty party.
Indeed, the Sunnah of the Prophet Muhammad صلَّى الله clearly states:
“From among all the conditions which you have to fulfill, the conditions which make it legal for you to have sexual relations (i.e. the marriage contract) have the greatest right to be fulfilled“
(Boukhari, Hadith 2721, Muslim Hadith 1418)
These conditions in the form of promises do not allow the wife to ask for divorce (faskh) if they are not kept, unless provided for in the marriage contract and accepted by both spouses.
In addition, each of the spouses may make use of it whenever he or she wishes without providing a reason.
Adding Sanctions for the Husband
A sanction for the husband’s failure to meet conditions can be added to the contract, provided that he expressly agrees to it.
All the schools allow such promises and sanctions for the husband in the form of conditions included in the contract.
The Maliki school considers them valid but Makruh, in other words, inadvisable.
If the clause you want to write yourself (in the box provided for this purpose) does not comply with Islamic law, it will be considered null and void (batil) but the marriage contract will remain valid.
Nikahcontract has carefully crafted all these conditions so that they strictly comply with Sharia. Create your secure and personalized Islamic marriage contract in just a few clicks!
Can Shuroot Include a Monogamy Clause? |
1 – Hanbali School
It is permissible to put this condition in a marriage contract.
If the man agrees to it, he will be required to keep it.
Therefore, if he does not keep his commitment, the woman will have the right to seek divorce in court (faskh).
2 – Hanafi, Hanbali and Shafi’i Schools
The wife may ask her husband in the marriage contract not to use his right to polygamy.
If the man agrees to it, he will be required to keep this condition before Allah عزّ وجلّ
But he may revoke his promise whenever he wishes, without justification, and the wife will not have the right to obtain a divorce unless the spouses have included such a condition in their marriage contract and they have accepted it (Nikahcontract.com offers you this type of condition).
And Allah عزّ وجلّ knows best
