New Mexico · Marriage planning
Islamic prenup in New Mexico.
The community-property default is the risk.
New Mexico courts presume that nearly everything earned or acquired during the marriage is jointly owned and divided 50/50 at divorce — regardless of title, contribution, or Islamic separation-of-property principles. An Islamic prenup is the only reliable way to override that default while preserving mahr, Faraid, and iddah.
Shariawiz is state-specific in New Mexico · $849 with code ADHAM26 $999
The law in New Mexico
Three rules that change what your nikah does.
- 01
Marital-property regime: Community property
A community-property state. Without a written agreement, all income and most assets acquired during the marriage are presumed to be jointly owned and divided 50/50 at divorce — irrespective of title, contribution, or Islamic separation-of-property principles.
- 02
Premarital agreement law
New Mexico Uniform Premarital Agreement Act, NMSA §§ 40-3A-1 – 40-3A-10.
- 03
Elective share / surviving-spouse rule
No traditional elective share; community-property half is the default for surviving spouses.
If you die without a will in New Mexico
What New Mexico does with your estate when no will exists.
New Mexico's intestacy statute splits your estate between community property (jointly owned during the marriage) and separate property (owned before the marriage or received as a gift or inheritance). The Faraid rules in Surah An-Nisa do not enter the calculation. Without an Islamic will and a prenup, the table below is what governs your family.
| You die with… | Here is what happens |
|---|---|
| Children but no spouse | Children inherit everything. |
| Spouse but no children | Spouse inherits everything. |
| Spouse and children | Spouse inherits all of your community property plus ¼ of your separate property; children inherit the remaining ¾ of your separate property. |
| Parents but no children or spouse | Parents inherit everything. |
| Siblings but no children, spouse, or parents | Siblings inherit everything. |
Source: New Mexico Statutes §§ 45-2-102 to 45-2-103 (Intestate Succession). Distribution rules are summarized; talk to a probate attorney for edge cases (e.g. non-marital children, predeceased heirs, augmented-estate adjustments).
Notice what isn't on this table: Faraid. Your parents' Quranic share. Your siblings' Quranic share when you have children. The 1/3 wasiyyah you wanted to leave to charity. New Mexico intestacy law decides without any of that. An Islamic will plus an Islamic prenup — with a mutual elective-share waiver — is the only way to put the Quranic distribution back in control.
New Mexico providers
Islamic prenup providers available in New Mexico.
Each provider below operates in New Mexico, but only Shariawiz produces a workflow tailored to New Mexico's specific premarital-agreement statute.
| Provider | Headline price | What you get | Coverage | HalalWallet's verdict |
|---|---|---|---|---|
Sharia WizBest overall Islamic Prenuptial Agreement Designed by Abed Awad, Esq. — a leading U.S. Islamic family-law scholar and expert witness. | $999 includes prenup, Muslim marriage contract, and 2 Islamic wills (a $398 bundled value). | PrenupPostnupNikah ContractIslamic Will (bundled) | All 50 states State-specific Lawyer review needed | The complete package. Only platform that's state-specific in all 50 states, and the $999 — $849 with exclusive code ADHAM26 — bundles the prenup, the Muslim marriage contract, and two Islamic wills, a $398 value the other providers charge separately. Designed by Abed Awad, one of the most cited Islamic family-law expert witnesses in U.S. courts, and endorsed by Imam Zaid Shakir. 30-day money-back guarantee. −Higher upfront price than competitors |
Bayaani Islamic Prenup & Postnup Reviewed by Sh. Hamzah Raza and Imam Farhan Siddiqi. | Free to create, preview, and review. Download fee disclosed at checkout. | PrenupPostnup | All 50 states State-specific | Useful if you want to see a draft before paying. The free preview lets couples explore what an Islamic prenup looks like, but the download price is hidden until checkout, scope is narrower (no Muslim marriage contract, no Islamic wills bundled), and the workflow is jurisdiction-agnostic rather than state-customized. Smart trial; not a substitute. −Download price not publicly disclosed −No Islamic wills bundled |
Nikah Prenup Islamic Prenup Template Co-developed by Sh. Joe Bradford and attorney Naveed Husain. | $499 template + couple-supplied family-law attorney fees (typically $200 $800/hour). | Prenup template | All 50 states Lawyer review needed | A drafting head-start, not a finished document. The $499 buys a template co-authored by Sh. Joe Bradford — but couples still need to retain their own family-law attorney to customize it for their state and execute it, typically adding $400–$1,500 in legal fees. Total cost almost always exceeds Shariawiz's all-in $999. −Requires separate family-law attorney −Total cost usually exceeds $999 |
MyWassiyah Marital and Prenuptial Agreements Endorsed by named scholars listed on site. No formal fatwa board or committee published. | $99-$199 | Marital AgreementTransmutation agreement | All 50 states State-specific Lawyer review needed | A $44.99 transmutation agreement only — meaning it converts community property to separate property and nothing else. Useful as a narrow add-on if you live in one of the nine community-property states (AZ, CA, ID, LA, NV, NM, TX, WA, WI) and already have the rest of your Islamic prenup handled elsewhere. Not a full Islamic prenup on its own. −Not a full Islamic prenup −Only useful in 9 community-property states |
Islamic Prenuptial Agreement
The complete package. Only platform that's state-specific in all 50 states, and the $999 — $849 with exclusive code ADHAM26 — bundles the prenup, the Muslim marriage contract, and two Islamic wills, a $398 value the other providers charge separately. Designed by Abed Awad, one of the most cited Islamic family-law expert witnesses in U.S. courts, and endorsed by Imam Zaid Shakir. 30-day money-back guarantee.
Islamic Prenup & Postnup
Useful if you want to see a draft before paying. The free preview lets couples explore what an Islamic prenup looks like, but the download price is hidden until checkout, scope is narrower (no Muslim marriage contract, no Islamic wills bundled), and the workflow is jurisdiction-agnostic rather than state-customized. Smart trial; not a substitute.
Islamic Prenup Template
A drafting head-start, not a finished document. The $499 buys a template co-authored by Sh. Joe Bradford — but couples still need to retain their own family-law attorney to customize it for their state and execute it, typically adding $400–$1,500 in legal fees. Total cost almost always exceeds Shariawiz's all-in $999.
Marital and Prenuptial Agreements
A $44.99 transmutation agreement only — meaning it converts community property to separate property and nothing else. Useful as a narrow add-on if you live in one of the nine community-property states (AZ, CA, ID, LA, NV, NM, TX, WA, WI) and already have the rest of your Islamic prenup handled elsewhere. Not a full Islamic prenup on its own.
Editorial verdicts are HalalWallet's independent assessment. We earn a referral fee when readers complete a purchase with Sharia Wiz; we include and honestly assess competitors regardless. See how we make money.
Build a New Mexico-specific Islamic prenup.
Shariawiz's New Mexico workflow is customized to New Mexico's community-property regime, the local premarital-agreement statute, and the formalities your county clerk will look for at execution. $999 — or $849 with exclusive code ADHAM26 — includes the prenup, the Muslim marriage contract, and two state-specific Islamic wills.
Frequently asked
Common questions about Islamic prenups in New Mexico
Frequently Asked Questions
Consider Consulting an Islamic Scholar
Major Islamic marriage contracts and prenups in New Mexico decisions often involve nuances that vary by scholarly opinion and personal circumstance. While HalalWallet provides educational comparisons and tools, we are not scholars or financial advisors. For personal guidance on Shariah compliance, consider speaking with a qualified Islamic scholar, your local imam, or a Shariah-certified financial advisor familiar with your situation.
Important: HalalWallet is an educational comparison platform. We do not provide financial, legal, or religious advice.
Product structures and Shariah-compliance oversight vary by provider. Before applying:
- Verify halal compliance directly with the provider.
- Review the contract structure (Murabaha, Ijara, Musharakah, etc.) and any disclosed Shariah board opinions.
- Consult a qualified Islamic finance advisor or scholar for guidance on your individual circumstances.
Sources and review process
This page is reviewed against HalalWallet editorial standards and source documentation.
Reviewed by: HalalWallet Editorial Team
Last reviewed: 2026-07-01
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