Dissolving an ante-nuptial contract

Q: I would like to know I signed an ante nuptial contract prior to me making Nikaah, a month later we made nikaah and a further month later we registered our marriage (South African Legal Marriage). I am married for two years now. I have now come to know I made an error in the ante nuptial contract and for it to be corrected, we would have to "legally" divorce in terms of South African Law, then enter into a new Ante nuptial contract, and then re register our marriage. Both my spouse and I do not want to get divorced islamically, If we do get a "legal" or "civil" divorce will this affect our nikaah? We can do the default divorce whereby the wife initiates divorces, the husband receives the summons (he has ten 10 to defend, if he does not defend, the divorce will be given by default by the SA courts). I am asking this as it is important to me to ensure my ante nuptial contract is in order. This is affecting my mental ability to think and do my work, as it is always on my mind.

A: If the husband does not sign the documents divorce will not take place. If the husband signs the documents, the divorce will take place.

And Allah Ta'ala (الله تعالى) knows best.


Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)