Pre-Nuptial Negotiations: Re-writing Religious Tradition?

Civil marriage is often described as a contract, though thedescription seems more metaphoric than legal.  However, some religious traditions do actually include the signing of a marriagecontract that is intended to bind the parties. For example, it is Jewish tradition that the marrying couple signs aKetubah, which is a contract that sets forth their responsibilities to one another. There are varying texts, ranging from verytraditional to, for example, versions rewritten to express more egalitarian beliefs.

Today, the AP reports (via the Grand Forks Herald) on AmericanMuslim women who negotiate the traditional Muslim marriage contract to “helpthem assert rights under religious law that long have been played down by men.” An excerpt from the article:

…. Advocates contend their approach is well within Islamic law, even thoughskeptics say the interpretation is too influenced by Western thinking.

The contract is especially useful in the United States, where Muslims comefrom a variety of ethnic backgrounds and follow different customs and levels ofobservance. The document can accommodate views ranging from liberal toconservative.

Karamah, an organization of Muslim women lawyers based in Washington, is developing a”model” marriage contract that can be adjusted to meet therequirements of family law in different parts of the country, said Azizahal-Hibri, a founder of the group, whose name means “dignity” inArabic. In the United States,civil law governs divorce, but judges have taken Muslim marriage contracts intoconsideration, sometimes viewing them as prenuptial agreements.

Al-Hibri, a law professor at the University of Richmond, Va., said thecontracts 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. “Theyneed a meeting of the minds on what their family life will look like. Thecontract helps them do that by discussing the issues up front.”

[Meredith R. Miller]