Islamic marriage advice and family advice

I don’t understand my marital contract

Red button with divorce written on top.

When we got married, of course we both had signatures on the marriage certificate. But we didn't read it. One day I read that it says I have the right to divorce in certain terms, but my husband still doesn't know it's written in there.

My question is that since my husband doesn't have any idea about it, do I still have the right of divorce, even though I don't even want the divorce right on me? Another question is if I say any divorce word, will that be effective? I really need the answer.


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5 Responses »

  1. My dear sister, if you don't want a divorce don't worry about the contract.

    It's there as a protection incase he starts abusing you or if You are severely unhappy and then you wouldn't mind this clause. But alhamdulilah, glad to hear you are happy.

    Divorce is not as easy as saying a word. It's a long process. Maybe do some research about divorce in Islam and look at the process and the laws in your country as well...and you will realize it's much more complicated than saying I want a divorce.

    Ps. Read everything that you sign, before you sign it. And it's always your right as a muslim woman to divorce whether your husband paid attention or not.

    • Samira, it depends. In Maliki fiqh divorce for a woman who has it in her nikkah is a very simple procedure.

  2. He agreed to it; he didn't bother to read it. If it is written into your nikkah, you have the right to divorce yourself.

  3. Assalaamualaikam

    Never sign something you haven't read. In this case, inshaAllah it should be fairly easy to find out where you stand legally - either you or your husband (or both of you) could take the paperwork to your imam or another scholar (make sure they are of good integrity) and ask them to explain it to you. They should then, inshaAllah, be able to tell you what is and isn't included in the contract, and how to amend it if you both wish to do so.

    We aren't experts in law or marriage contracts, so you would probably be best approaching a local expert who can take time to discuss it with you, so that you understand the contract.

    In future, be really careful when signing things - once you put your signature to something, it is legally binding in many legal systems, so be sure you know what you're committing yourself to.

    Midnightmoon editor

  4. It has to be written in a contract to have a right to file for divorce?
    Every person has a right to file for divorce right?

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