Is it permissible for a woman to stipulate in the marriage contract that her husband not marry another woman?
Scholars have differed concerning the ruling on a wife stipulating a condition to her husband at the time of the marriage contract that benefits her, such as that he not marry another woman:
The First View: Holds that the marriage is valid, but the condition is void and does not necessitate fulfillment. They cite as evidence that this condition prohibits what is permissible, is not in the Book of Allah, and is not in the interest of the contract. The Second View: Holds that the marriage is valid and the condition is valid, necessitating fulfillment. This is the view of many Companions and others. They cite as evidence the generality of texts commanding the fulfillment of contracts and conditions, and the hadith: "The most worthy of conditions to be fulfilled are those by which you make intimate relations lawful." They also argue that it is a condition that benefits the woman and does not prevent the purpose of marriage. This view is the preponderant one.
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- Original fatwa ID
- 47917
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