Let the 'taklik' do the talking by Rafidah Abdullah
Taken from The Sun 'Freespace' Column

What is it?
Essentially, the ‘taklik’ is the Muslim marriage contract, so as you can imagine this is a VERY important piece of paper for Muslims who are, or are about to get, hitched. As with many contracts however, people tend to sign it blindly and only look for it when the unthinkable happens.

Err…marriage contract? Whut dat?
It is a contract between husband and wife, stipulating their rights and responsibilities especially in difficult circumstances. For example, in the standard ‘taklik’ issued by the KL Federal Territory government, the wife has a right to divorce should the husband beat her or desert her without giving maintenance for at least four Hijrah months. But of course, these government-issue contracts come with loopholes that you can drive a truck through.

For instance?
For instance, if the husband deserts the wife for three months, then out of the blue sends her RM10 as maintenance, he is considered as not having breached the ‘taklik’ conditions, and therefore she is not entitled to divorce.

What?? But… that’s not fair!!
Yes, well, tell that to Dato’ Seri Shahrizat. In the meantime all is not lost, the fair bride may yet safeguard her future by writing her own ‘taklik’ document, setting out the conditions of her marriage.

Is that legal?
Of course it is! A contract is an agreement between two parties and the court is obliged to honour it so long as it is does not stipulate something illegal. For example, you can’t contract for your husband to throw himself off the Petronas Twin Towers in the event that he takes on a second wife. However, you can give yourself the right to divorce should he, the scum, marry another without your consent.

Interesting. So what other conditions can I put in?
Anything, as long as it is legal. For instance, sole ownership of all properties to pass to you in case of polygamy, custody of the children to go to you in case of divorce, a fine of RM50 every time he refuses to do the dishes… The important thing is that the document should be tailor-made for you and your needs.

Wow! But wait, let’s not get my hopes up… has this been done before?
The ‘taklik’ document has a long, undisputed history in Islam, going back to Prophet Muhammad’s (pbuh) own great-granddaughter, Sukayna bint Hussein. Several times married, she famously stipulated in her ‘taklik’ document that she was not obliged to obey her husband and that she was free to come and go as she pleased. She also specified that her husband must remain monogamous, and when one of them attempted to break this condition, Sukayna took him to court in what must have been the most talked-about case of its time. What a woman!

Hmm… But you know, I’d rather just pick a man who would never hurt me.
Oh, gag me with a spoon…! Honey, a bad husband doesn’t come with ‘jerk’ tattooed on his forehead. YOU CAN NEVER TELL. So you have to protect yourself. Do it for your children, if for no one else. Education and upbringing are expensive.

Ok, I’m sold. Now how do I make this document?
You can see examples at www.sistersinislam.org.my or call the very helpful SIS ladies at 03-79606121 for more information. Alternatively, you can find a good, non-sexist syariah lawyer to write one for you.

Great! But hang on, what about those of us who are non-Muslim?
No problem! All the same conditions can be stipulated in a pre-nuptial agreement. They’re not just for celebrities and rich people, you know.

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