PRENUPTIAL AGREEMENT: ENFORCING MARRIAGE IN THE EYES OF LAW

Abstract

Pre-nuptial agreement (pre-nup) an agreement of western origin is gaining its foothold in other parts of the world. In its classical western ideological sense the agreement is portrayed as a precautionary measure ensures to safeguard the assets of both the parties. The modern globalized world demands re-telling of the aspects behind the concept of such an agreement. It is in this aspect the author tries to analyze the development of the concept of a pre-nup and its effect on marriage in its modern sense. The paper also tries to analyze the issue of pre-nup being a sister concern of dower under its traditional notions of Muhammadan Law.