Q: Is it permissible to register the Nikah according to the C.O.P contract (community of property contract)?

This entry is part 19 of 21 in the series Nikaah Masaail

A: The law of Shariah is that each spouse is the sole owner of his or her property. Since the C.O.P contract contravenes this law of Shariah (i.e. the laws of inheritance), we are prohibited from registering our Nikahs according to the C.O.P contract.

فللزوجات حالتان الربع بلا ولد والثمن مع الولد … فللزوج حالتان النصف والربع (الدر المختار 6/770)

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

Series NavigationQ: If the husband issued one or two talaaq-e-baain (irrevocable talaaqs), will it permissible for him to take his wife back whilst she is in iddat?Q: Is it necessary for the father or wali (Shar’i guardian) of a baaligh girl to seek her permission before getting her married?

Leave a Response

You must be logged in to post a comment.