The Majlis Archive

Nikah (Marriage) - Talaaq (Divorce) The Majlis Vol 20 No 08, p.3

I want to draw up an Islamic Will. However, due to ignorance my marriage is registered in community of property.

Question

I want to draw up an Islamic Will. However, due to ignorance my marriage is registered in community of property. A lawyer advised that I should apply for divorce. Thereafter I could enter into the antenuptial contract which excludes the accrual system. An Islamic Will, will then be valid. Will the court divorce have any effect on our Nikah? Please advise.

Answer

The court's annulment of the community of property will have no effect whatsoever on the Nikah. The Nikah remains valid. What the lawyer advised is correct. It is best that the wife should sue for 'divorce'. The husband should not defend the action. He should not appear in court. The registration will then be cancelled. Thereafter it is not necessary to contract the antenuptial contract. An Islamic Will is valid as long as there is no community of property. However, if you want to register, then be sure to select antenuptial contract which excludes the accrual clause.

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The Majlis Vol 20 No 08
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