Marriage Contract | This contract has been agreed upon by The Council of Shia Muslim Scholars of North America at the 10
th
annual conference | Page 2 of 4
As a result of the numerous experiences and studies in this field from experts who are engaged in such services, the
attendees of the Tenth Annual Conference of the Council of Shia Muslim Scholars in North America who
participated in the final resolution endorsed these terms and conditions in hopes that following these terms will be
an important factor in achieving marital happiness and steering it away from harm with the will of the Almighty.
These terms and conditions are not limited to those mentioned hereto, they are merely suggestions given by the
experts and they are by no means binding unless agreed upon by both parties. The only terms that are considered
binding within these terms and conditions are those agreed upon by the two parties and are within this document or
have been added hereto.
We request that both parties seeking marriage within this contract attain the booklet entitled “Amicable
Companionship: Spouse Selection, Rights, Responsibilities, Etiquette, Nuptials, and Contracts” provided by the
Council of Shia Muslim Scholars in North America. This booklet provides information which is important for both
to learn about the rights, obligations, and manners of marriage. It is also requested that both parties review the civil
law of the state so that they may understand their rights and obligations from a legal standpoint. Based upon this:
The husband grants the wife, within this marriage contract, transferrable, irrevocable agency in divorcing
herself with the supervision of and endorsement by a religious scholar qualified in the matter of divorce.
The agency given in this agreement is limited to the conditions mentioned below:
If the husband refuses to provide the basic necessities of life for
the wife for a period of _______ months, regardless of the
reasons, and it was the case that he cannot commit to it or be
obligated to it.
If the husband refuses his wife her conjugal rights for a period of
_______ months without a religiously acceptable excuse.
Due to direct or indirect abuse by the husband to a point the
wife cannot continue in the marriage.
If the husband is afflicted with an illness which may cause risk to
the wife.
If the husband loses his mental capacity (becomes insane) in
cases where there is no automatic right of annulment.
If the husband becomes sterile or it is obvious during the
marriage that he is, which would render it impossible to produce
children. This rule will apply only if there are no children already
born to the couple.
If the husband is imprisoned for a period that is considered
unbearable for the wife.
Any type of negative addiction by the husband which makes the
family life difficult to continue and unbearable for the wife
If the husband’s whereabouts remain unknown for a period of
one year and upon verification and notification.
If the husband takes another wife without the consent of the
present wife.