October 28, 2006...12:02 AM

Muslim Couples Sign Contracts to Protect Women’s Rights

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By NAHAL TOOSI


The Associated Press

NEW YORK — Should anything go wrong in her marriage, Zaynab Abdul-Razacq is confident her rights will be well-protected. Her husband has guaranteed it — in writing.

The young Muslim couple chose a path advocated by Islamic scholars concerned about women’s rights: drawing up a Muslim marriage contract that takes into account modern needs.

Abdul-Razacq’s agreement states that she is in charge of the household finances and that if her husband abuses her in “any dimension of wellness” she can automatically divorce him. He stipulated that he could make household decisions without interference from in-laws and other relatives.

“At the outset, we agreed these are things that are pretty important to us,” said Abdul-Razacq, 29, who lives in Decatur, Ga., and married three years ago…


Islamic law experts who advocate for better treatment for women say the documents can help them assert rights under religious law that have long been played down by men…

The contract is especially useful in the United States, where Muslims come from a variety of ethnic backgrounds and follow different customs and levels of observance. The document can accommodate views ranging from liberal to conservative…

Al-Hibri, a law professor at the University of Richmond, Va., said the contracts also help couples prepare for the challenges of married life.

“Couples need to define their relationship as they enter the marriage, so that they do not get disillusioned later,” al-Hibri said. “They need a meeting of the minds on what their family life will look like. The contract helps them do that by discussing the issues up front.”

It’s generally accepted that Islamic law gives women the right to property and financial independence within marriage. Some Muslims scholars contend women are not even obligated to do housework. These and other details about running a house can be specified in the contract.

For example, polygamy is illegal in the United States, but some conservative Muslims interpret their religion as allowing a man to marry up to four women. Many Muslim brides stipulate an automatic right to divorce in their marriage contract if the man takes another wife. McCloud says that’s especially important if a couple may one day live in another country…

McCloud acknowledges the limits of the document in trying to preserve equality in such an unpredictable undertaking as marriage. But she said the contract does provide some protection if a union fails…(continued)

Karamah: Muslim Women Lawyers for Human Rights

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