Prenuptial Agreements - A Comparative Study between Islamic Sharea'a, Jewish Law, and American Law

Abstract

This comparative study explores the concept of prenuptial agreements as legal documents or pre-marital arrangements between spouses aimed at regulating financial rights and potential obligations prior to the formalization of marriage. These agreements have become increasingly common within Western legal contexts, particularly in the United States, and have also evolved within the Jewish religious framework through the development of supplementary documents to the traditional Ketubah, The research seeks to investigate the jurisprudential foundations and legitimacy of prenuptial agreements within Islamic law, examining the extent to which such agreements are permissible under the principles governing marital conditions and the objectives (maqāṣid) of marriage. In parallel, the study analyzes the philosophical foundations, religious references, and mechanisms of legal enforcement in both American and Jewish legal contexts, The study delves into the theoretical underpinnings of prenuptial agreements, followed by a presentation of their practical and judicial applications in the three systems. It highlights points of convergence and divergence, and offers a critical assessment of the potential to formulate a contemporary Islamic model of prenuptial agreement that aligns with Islamic ethical and legal values while benefiting from comparative legal and religious experiences.