Dr. Muzammil H. Siddiqi, former President of the Islamic Society of North America, states: “In principle Prenuptial Agreements are acceptable in Islam. Both spouses in marriage are allowed to have Prenuptial Agreements. Once the agreement is done, it becomes binding upon both parties. The violation of an agreement is forbidden in Islam. However, the terms of the agreement should not be against the teachings of Islam. The Prophet (peace and blessings be upon him) said, “Muslims must abide by the conditions of their agreement, except if there was a condition that made permissible what was prohibited by Allah or made forbidden what was permissible by Allah (then they have no obligation to abide by that condition).”
Those who are living in Muslim countries, where courts would normally make judgments according to the Shari`ah, have no need for such agreements. However, Muslims who are living in non-Muslim countries should make Islamic Prenuptial Agreement. They can make detailed agreements according to their own situation and desires. Or they can also write a simple agreement saying that “their marriage is according to Islamic law and in case of divorce or differences they would refer to Islamic family laws only. All their disputes will be decided by an Islamic arbitration and its decision will be final.” Spouses should not feel offended if one or the other spouse asks for this agreement, because it is in the best interest of both of them. A Prenuptial Agreement made under the rules of the Shari`ah will help both parties to follow Allah’s rules. It will minimize the evil suggestions of Satan and it will help them save a lot of expenses and difficulties in the case of disputes.”