(F 282) Is a prenuptial agreement against Islamic law? I mean an agreement to waive rights in the event of a separation.

Regarding a prenuptial agreement that stipulates that neither party has a right to the other’s wealth in the event of a divorce, such agreements are generally acceptable, except in cases where the wife is deprived of her right to maintenance during the waiting period (῾iddah) and the compensatory maintenance (mut῾ah) if the husband is the one initiating the divorce. In such cases, the agreement would be invalid as it waives rights that are conditionally established for the future.

However, if the agreement only limits each party’s claim to their private property and the assets acquired during the marriage that are kept in their separate financial accounts, then there is no objection to it.

You can refer to our detailed study on the issue of equitable distribution of marital properties, which is published on the institute’s website. Fatwā issued by Dr. Khālid Naṣr