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The Importance of a Pre-Nuptual Agreement for women

18/4/2012

3 Comments

 
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Currently AMWA has been conducting research into the barriers that exist - whether perceived or real - for Muslim women to obtain access to careers and employment opportunities. One of the common issues that face Muslim women in accessing work when they have the opportunity or the desire to apply for a position or to become more qualified, is the approval of their husbands. Not all husbands accept that Muslim women have a right to work, or to study and this can often become a cause of disagreement in the marriage. Often there is a concern for the welfare of younger children, a concern that the effective and smooth running of the household will not be maintained or be threatened, and often again there is a concern from husbands that their wife may be subjected to workplace harassment or difficulty due to her practice of the religion.  (click on the Read more button for more on this post)

Our research is endeavouring to discover what real issues exist in the workplace, the attitude of workplaces and businesses towards Muslim women and their needs, and also to discover what options there are to overcoming real issues of concern. Even where there are no issues of real concern in the workplace, the children are in school, the house is well maintained, some husband continue to exercise their authority in prohibiting their wives from pursuing a worthwhile career. In these cases, according to the research that we have conducted, Imams will generally accept the right of the husband over his wife except where there exists a pre-nuptial agreement which specifically states that the woman maintains her right to work and study, and that this was agreed to prior to the marriage. 
In these cases, the woman has an inalienable right which allows her to negotiate more effectively on the real issues of concern between herself and her husband with the support of Imams and religious counsellors. From the research that we have engaged in, most Muslim women are unaware of this right that was established by the Prophet s.a.w. when he gave specific conditions to his future son-in-law Ali r.a. that Ali was not to marry again while he was still married to Fatima r.a. Many in the Muslim community currently associate pre-nuptial agreements with the settlement of assets and property (and often children) following a divorce and therefore see pre-nups as a negative approach to beginning a marriage.
In fact pre-nups can include many aspects of the future relationship which, if sorted out and agreed upon prior to marriage, can often reduce potential disagreements and conflicts on how the marriage will operate, right from the beginning. 
3 Comments
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25/7/2012 10:14:29 am

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    Silma Ihram is an educator, trainer, former School Principal and aspiring writer. 

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    The opinions expressed on this page reflect the opinions of the author and not necessarily the opinions of AMWA. 

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