Is a nikkah (i.e., nikah, nikaah, and Islamic marriage contract) a prenuptial or postnuptial agreement?


The laws and rules governing a prenuptial agreement or a postnuptial agreement vary across jurisdictions and are generally not equivalent to a nikkah (i.e., nikah, nikaah, and Islamic marriage contract).  Fundamentally, a prenuptial or postnuptial agreement is an agreement governing the treatment of marital assets before or after a marriage whereas the nikkah is the marriage.  Prenuptial and postnuptial agreements have to meet special requirements to be treated as enforceable by different legal systems and are focused on issues regarding the determination and division of marital property in a divorce.


The terms incorporated into a nikkah may overlap with terms commonly included in a prenuptial or a postnuptial agreement, however, Nikkah Builder actively sought to minimize this issue by limiting the marital property issues addressed by Nikkah Builder and included in the nikkah.  We encourage you to consult with a legal adviser in your jurisdiction on local law and procedures if you need a prenuptial agreement or postnuptial agreement for marital property items.