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The same study finds that Egyptian courts during the early Islamic period were considerably flexible and liberal in interpreting Islamic injunctions in favor of women so that a wife could successfully sue to end her marriage for inadequacy of financial support or lack of companionship. Vogel, The Islamic Marriage Contract: Case Studies in Islamic Family Law, the Islamic Legal Studies Program, Harvard Law School (2008)). Men in that time were, as today, in lesser need of protection.Ī study finds that one prominent obligation in early Islamic marriage contracts in Egypt was the husband’s responsibility to support his wife financially ( Asifa Qureshi & Frank E. In light of the inconsistent pre-Islamic Arabian practices described above, it would be fair to posit that Islam, and particularly the marriage contract, aimed to broaden and extend the protection granted to all women, notwithstanding their individual bargaining powers Surah Nisa and various Quranic verses lend credence to this contention. Islam attempted to unify and consolidate the rules and regulations on marriage in keeping with Islamic principles, so that these remained consistent irrespective of the affiliations, social status or geographical location of the spouses. However, there were also contemporaneous records of Arabian women managing their own businesses and making proposals of marriage to men of their own accord much before the advent of Islam. Undeniably, some tribes accorded women no rights and treated them as mere property or “ornaments” – it was relatively common for newborn girls to be buried alive and sons to inherit their fathers’ wives (numbering a hundred or more in some cases) in pre-Islamic Arabia. As a result, the extent of a woman’s emancipation largely depended on the tribe she belonged to and her status within her tribe. Historians have found that in pre-Islamic Arabia tribal customs and practices governed all matters, including marriages, and there was no uniform set of rules applicable to the citizens of the region. To understand the Islamic marriage contract, it is necessary to examine its provisions in the historical context of the marital reforms that Islam brought about. Today, with more than 1.6 billion Muslims worldwide, it is particularly important to fully comprehend the nuances of the Islamic marriage contract. In fact, the Islamic religion strongly emphasizes entering into contracts for any ‘transaction’ – and a marriage is treated as such. This document details the rights and obligations of the partners to the marriage, and was deemed integral to any Muslim marriage long before pre-nuptial agreements became fashionable. Certificate is provided we will issue the couple with the original Nikah Nama.Ī Nikah Nama, otherwise known as the Islamic marriage contract, governs marital relations between any Muslim couple.