|
DISCLAIMER
The
following form of marriage contract is only a sample form. It is
advisable that the parties make the requisite changes to the form to
ensure that it meets their various needs within the Islamic
framework. For this reason, as well as to ensure the legality
hereof, it is strongly recommended that each party to a marriage
that makes use of this form seeks independent legal advice. The
Islamic Shi'a Ithna-Asheri Jamaat of Toronto, Maulana Syed Muhammad
Rizvi, and those who assisted in the preparation of this contract
are not liable for any defects therein. This has been provided as a
service to the Muslim community, and does not constitute legal
advice. No claims, promises or guarantees about the accuracy,
completeness, or legality hereof is made. As legal advice must be
tailored to the specific circumstances of each case, and given that
laws are constantly changing, nothing provided herein should be used
as a substitute for the advice of competent counsel.
This
agreement made on the ____ day of ___________ in the year _______ CE
corresponding to the ____ day of ____________ in the year ________
AH between the “Groom” and “Bride” outlined below.
I.
BRIDEGROOM
Full
Name: ___________________________
Father's
Name: _______________________ Mother's Name:
______________________
Date
& Place of Birth: ________________________
Marital
Status: never married / divorce / widower
Address:
_______________________________________________
_______________________________________________
Tel:
(__ __ __) ___ ___ ___ - ___ ___ ___ ___
II.
BRIDE
Full
Name:________________________________
Father’s
Name: ______________________ Mother’ Name:
_______________________
Date
& Place of Birth: ________________________
Marital
Status: never married / divorcé / widower
Address
: _______________________________________________
_______________________________________________
Tel:
( __ __ __ ) ___ ___ ___ - ___ ___ ___ ___
Groom’s
wakil (‘aqid) whom he hereby authorizes to perform the 'aqd:
_________________________________________________________
Bride’s
wakil (‘aqid) whom she hereby authorizes to perform the ‘aqd:
_________________________________________________________
The
Groom and the Bride enter into this agreement to provide for
circumstances relating to their marriage; and both have read and
agreed to the following conditions by way of signing each term or
part.
III.
MAHR / DOWRY
The
Groom agrees to give the following marriage consideration (mahr/dowry)
to the Bride:
_______________________________________________________________________________________
_______________________________________________________________________________________
Signature
of the Groom: ________________________
Signature
of the Bride: _________________________
IV.
OPTIONAL CONDITIONS PERTAINING TO DISSOLUTION OF MARRIAGE
-
If
the Husband and Wife divorce without any fault of the latter,
then the Husband agrees to give to his Wife half of all the
“net family property” (as defined by section 4(1) &
(2) of Ontario’s Family Law Act, R.S.O. 1990, c. F.3) that
he acquired during the marriage period, excluding property
that the Husband acquired by gift or inheritance from a third
person after the date of the marriage. In the case of dispute
about the cause for divorce, the Shi‘a Ithna-‘Ashari
religious authority (such as the Resident ‘Alim of the
Islamic Shi‘a Ithna-Asheri Jamaat of Toronto or the wakil of
the marja‘ or the marja‘) will make such a
determination. (Note that the religious authority would
have to determine whether or not the cause for divorce was the
fault of the Wife, and in if that is determined positively,
then the Wife will be prevented from receiving the
aforementioned property. If the examination as to the cause
for divorce is found to be inconclusive, the Wife will have a
right to the aforementioned property. Also note that the Wife
does not have to give any of her property to the Husband in
the event of a divorce.)
Signature
of the Groom: __________________________
Signature
of the Bride: ____________________________
ANOTHER
VARIATION OF CONDITION # 1
-
If
the Husband and the Wife divorce, there will be an
equalization of net family properties as described in s. 5(1)
of Ontario’s Family Law Act (R.S.O. 1990, c. F.3) which is
reproduced below under “Definitions”.
Signature
of the Groom: ____________________________
Signature
of the Bride: _____________________________
2. The Husband hereby delegates to the Wife an irrevocable
authorization to appoint an agent (wakil) for
divorcing
her on behalf of the Husband after giving a Shi‘a Ithna-Ashari
religious authority (the Resident ‘alim or the wakil of the
marja‘ or the marja‘) reason to believe the occurrence of any
one of the following:
(a)
if the Husband solemnizes a “religious marriage” with another
woman without permission of the Wife named in this contract;
(“Religious marriage” a marriage that has been solemnized only
basis of Islamic laws which allows polygyny, a practice which is
not legal in Canadian family law.)
(b)
if the Husband ill treats or physically abuses the Wife;
(c)
if the Husband abandons the Wife and does not provide for her for
more than three months continuously;
(d)
if the Husband divorces the Wife in a secular court, but does not
give her the religious divorce; or
(e)
if the Wife obtains a divorce in a secular court, but the Husband
does not give the Wife a religious divorce.
Signature
of the Groom: __________________________
Signature
of the Bride: _________________________
3.
This Agreement constitutes the entire agreement between the Bride
and the Groom, and cancels and supercedes any prior understandings
and agreements between them. There are no representations,
warranties, terms, conditions, undertakings or collateral
agreements, express or implied, between the Bride and the Groom
other than expressly set forth in this Agreement.
4.
This Agreement shall endure for the duration of the marriage of the
Bride and the Groom.
5.
If any provision of this Agreement is found to be invalid or
unenforceable in whose or in part, such invalidity or
unenforceability shall attach only to such provision or part thereof
and the remaining part of such provision and all other provisions of
the Agreement shall continue in full force and effect.
6.
This Agreement shall be governed by and construed in accordance with
the laws of the Province of Ontario and the applicable laws of
Canada, and in accordance with Ontario’s Family Law Act.
7.
No amendment, supplement, modification or waiver or termination of
this Agreement and, unless otherwise specified, no consent or
approval by either Husband or Wife, shall be binding unless executed
in writing by both Husband and Wife to be bound thereby.
Signature
of the Groom to item 3 to 7: ________________________________
Signature
of the Bride to item 3 to 7: _______________________________
V.
CERTIFICATION
This
is to certify that the marriage of the bride and the groom named
above was solemnized in accordance with the Shi‘a Ja‘fari laws
of Islam on the ________ day of the month of ___________________ in
the year ________ AH the ________ day of the month of
___________________ in the year ________ CE
_________________________
__________________________
Wakil (‘aqid) of the Groom and witnessed by:
_________________________
__________________________
Wakil (‘aqid) of the Bride and witnessed by:
_________________________
Number
of the marriage License issued by the city: _____________ on:
_______________
Name
& Registration Number of the person solemnizing the marriage:
_______________________________
VI.
DEFINITIONS
1.
“Agreement” means this Marriage Contract.
2.
“‘Aqd” means the religious marriage vows that are performed in
accordance with Shi‘a laws of Islam.
3.
“Mahr”, although also used to denote ‘dowry’, means the
consideration that the Groom must give to the Bride.
4.
“Marja” is highest religious authority and jurist of Shi‘a
laws of Islam.
5.
“Husband” is the Groom set out above.
6.
“Wife” is the Bride set out above.
7.
“Resident ‘Alim” is the religious authority of the “Islamic
Shi‘a Ithna-Asheri Jamaat of Toronto”.
8.
“Shi'a Ithna-Ashari” is the particular sect of the Islamic
religion to which both the Bride and the Groom belong.
9.
“Shi‘a laws of Islam” or “Shi‘a Ja‘fari laws” are the
set of religious laws that underlie the Shi‘a Ithna-Ashari faith.
10.
“Islamic Shi’a Ithna-Asheri Jamaat of Toronto” is a well known
Shi‘a organization of Greater Toronto Area.
11.
“Wakil (‘aqid)” means the representative of the Bride or the
Groom for purpose of performing the religious marriage vows (‘aqd).
12.
Section 5(1) of Ontario’s Family Law Act (R.S.O. 1990, c. F.3) is
as following: When a divorce is granted or a marriage is declared a
nullity, or when the spouses are separated and there is no
reasonable prospect that they will resume cohabitation, the spouse
whose net family property is the lesser of the two net family
properties is entitled to one-half the difference between them.
13.
“Net Family Property” in Family Law Act is defined as follows:
4(1) "net family property" means the value of all the
property, except property described in subsection (2), that a spouse
owns on the valuation date, after deducting, (a) the spouse's debts
and other liabilities, and (b) the value of property, other than a
matrimonial home, that the spouse owned on the date of the marriage,
after deducting the spouse's debts and other liabilities, calculated
as of the date of the marriage; 4(2) The value of the following
property that a spouse owns on the valuation date does not form part
of the spouse's net family property: 1. Property, other than a
matrimonial home, that was acquired by gift or inheritance from a
third person after the date of the marriage. 2. Income from property
referred to in paragraph 1, if the donor or testator has expressly
stated that it is to be excluded from the spouse's net family
property. 3. Damages or a right to damages for personal injuries,
nervous shock, mental distress or loss of guidance, care and
companionship, or the part of a settlement that represents those
damages. 4. Proceeds or a right to proceeds of a policy of life
insurance, as defined in the Insurance Act, that are payable on the
death of the life insured. 5. Property, other than a matrimonial
home, into which property referred to in paragraphs 1 to 4 can be
traced. 6. Property that the spouses have agreed by a domestic
contract is not to be included in the spouse's net family property.
http://www.jaffari.org/
|
