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November 04, 2012|
Marriage contracts usually take a standard format, however special conditions may be added into marriage contracts. Such special conditions can provide different rights to either of the parties, but we have seen a prevalence of conditions which focus on giving the wife additional rights.
One example of these special conditions gives the wife a right to petition for a divorce on her own behalf. She is however only able to do this if the husband marries to someone else before her death. This right is a significant one for a wife.
Another recurring special condition is one that makes the wife entitled to a high amount of Mahar or what is generically referred to as dowry. This Mahar should not generally be high, however the contract often stipulates a high amount and this can be defined in terms of a high value cash amount or, for example, a number of gold coins. It is common nowadays to have a high level of Mahar in order to provide a good image in the community.
There are significant implications for such a condition of marriage, especially as it encourages females to get married for the sake of the Mahar, and may also give them a right to divorce soon after they receive their Mahar. A marriage contract with such a special condition which refers to Mahar enables the wife to claim the Mahar either upfront, on demand or upon divorce. This right can cause certain issues for a husband due to the fact that contractually he must pay the Mahar once demanded by the wife. This right is also an obligation which cannot easily be waived, and most certainly cannot be waived by husband himself. Instead, it can only be waived through express written consent by the wife.
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