Prenuptial Agreement/ Finance on Divorce

Everyday Islamic Finance Personal and Family Finance
#1

Salaams

I would like to know the following:

  1. Are prenuptial agreements allowed in Islam? This is where there is a legal agreement between partners, before marriage, that specify how the assets would be split, if there were to be a divorce.

  2. I know that divorce is highly disliked in Islam but if a divorce were to take place, what is the ruling on how assets should be allocated?(Between husband and wife, for simplicity).
    Specifically, is it acceptable not to split assets, like property and pensions that were gained before one married the partner?

Thanks

#2

Wasalam

May Allah bless you.

  1. Prenuptial agreement is not a requirement for the validity of marriage. If they wish to have it in place then there is nothing wrong with it either.

  2. They do not have to divide the assets from a fiqh perspective i.e. everyone can keep what they have ownership of. If they want to have such agreement between them, and are happy to divide it accordingly, then it is not sinful either.

And Allah knows best!