Q.

asalamu alaykum,
I was wondering can a man ask for prenup in his nikah?
or is there a amount he must give?

Time Sent: Saturday July 11, 2009 at 7:19 pm

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1. Prenuptial agreement is loosely defined as a person stipulating that at the time of divorce (or death), X is willing to give Y a specified amount of wealth; or it could mean, x with depart with their possessions, and y would do likewise — not owing anything to the other. (This is the general simplistic concept of a prenuptial agreement.)
2. Islam does not accept the concept of prenuptial agreements that are in conflict with its Islamic interests, since each party has the right to depart with what remains theirs at the time of divorce anyway.
3. A man must pay for his wife’s expenditure until the end of the Idaah (waiting period) unless agreed otherwise by a sharia bound agreed process.
4. Should a party articulate that each party departs the relationship with what belongs to them with the added clause that a man would pay for the expenditure of the iddat period, as well as a fair amount which is judged by a reputable set of Muslim scholars — then such a prenuptial agreement would not be in violation of Islam protocols. Also if the man stated that he would pay fair child support for the rearing of the child should he chose to leave the child in her custody — more so as a result of child’s infancy, vulnerability, or him choosing to abandon his rights and responsibilities towards the child etc., then this child support must not be imposed by a disbeliever, but by mutual religious concerned party through methods of fairness and justice for the best interest of the child.
5. Both parties can request a prenuptial which is also sharia bound, should it be viewed that Islamic laws would not be adhered to at time of marriage/divorce.
6. (All Islamic marriages are technically part of prenuptial agreement)

Allah Certainly Knows Best.