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My husband and I wrote a contract prior to getting married, years ago, and now our contract is

Answered as per Hanafi Fiqh by Qibla.com

Answered by Shaykh Faraz Rabbani

My husband and I wrote a contract prior to getting married, years ago, and now our contract is lost. Are we still lega

Answer:
In the Name of Allah, Most Gracious, Most Merciful

In the Name of Allah, Most Merciful and Compassionate

May Allah’s peace and blessings be upon His Messenger Muhammad, his folk, companions, and followers

Walaikum assalam wa rahmatullah,

The basis of contracts is that they are religiously binding. Allah Most High tells us, “O you who believe, fulfill your contracts!” [Qur’an, 5.1] The Qur’anic verses and Prophetic hadiths that emphasize this meaning are many.

Thus, your contract will remain binding. However, given the religious imperative to avoid disagreement, it would be best and wisest to re-write the contract. In this re-writing, the terms can be altered through mutual agreement. This re-writing should be done in a spirit of shared commitment and love, rather than mere legalism.

And Allah alone gives success.

Wassalam,

Faraz Rabbani

This answer was indexed from Qibla.com, which used to have a repository of Islamic Q&A answered by various scholars. The website is no longer in existence. It has now been transformed into a learning portal with paid Islamic course offering under the brand of Kiflayn.

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