Rights of muslim woman
According to Muslim Family Law, the responsibility for the wife’s maintenance (nafqa) always remains with the husband. The wife has no corresponding obligation to support her husband. The Muslim law principle which has been jealously guarded and enforced by Muslim law courts is that a woman’s property is hers alone. Period. Consequently, any property which a Muslim wife contributes towards the ‘family’s assets’ (i.e. all the property accumulated during the marriage) remains hers alone and is not subject to division or sharing by the husband in the event of a marriage breakdown (unless otherwise agreed upon between the husband and wife). In other words, under the Muslim Law, her ‘Net Family Property,’ remains hers alone and with no corresponding obligation to share with her husband (unless both husband and wife have agreed to share). This is not the case in Ontario law. So to ensure that a woman’s Islamic rights are protected in Canada, particularly with respect to the matrimonial home provision of the Ontario Law, it is suggested that both the husband and wife consult a specialist (i.e. lawyer who specializes in Ontario Family Law if they happen to live in Ontario) so as to explore with this lawyer the legal possibilities of accommodating the couple’s wishes, as much as possible, by finding ways and means to legally circumvent the (Ontario) law with regards to the obligatory special equal sharing of the matrimonial home provision.
It appears that in the U.S.A., the Prenuptial Agreement can successfully redefine each spouse’s property as either separate property or community property, so the wife can specify her financial independence and ownership of property at this time.
Education and Employment
Muslim women may restate their God-given Islamic rights to education and independence to work (employment, business, professions, etc.) in the Prenuptial agreement at this time which could be used beneficially both in Muslim as well as non-Muslim countries. Women in the west have already been accorded these rights by law, although in practise the husband may or may not approve of a wife either working or getting a higher education. So it would be prudent for both the husband and the wife, either in the West or the East, to be clear on this issue so as to prevent discord and unhappiness in the marriage.
The Prenuptial Agreement may also provide for religious education and upbringing of the children in accordance with Islamic Law and traditions.
It appears that in the U.S.A., the Prenuptial Agreement can successfully redefine each spouse’s property as either separate property or community property, so the wife can specify her financial independence and ownership of property at this time.
Education and Employment
Muslim women may restate their God-given Islamic rights to education and independence to work (employment, business, professions, etc.) in the Prenuptial agreement at this time which could be used beneficially both in Muslim as well as non-Muslim countries. Women in the west have already been accorded these rights by law, although in practise the husband may or may not approve of a wife either working or getting a higher education. So it would be prudent for both the husband and the wife, either in the West or the East, to be clear on this issue so as to prevent discord and unhappiness in the marriage.
The Prenuptial Agreement may also provide for religious education and upbringing of the children in accordance with Islamic Law and traditions.
