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The question

Is it permissible for a fiancée to stipulate to her suitor that he wear the niqab, and if he accepts and then refuses after marriage, does she have the right to seek divorce?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

There is no objection to a woman stipulating in the marriage contract that her husband not prevent her from wearing the niqab. The husband is obligated to fulfill the agreed-upon conditions, as long as they do not permit something forbidden, forbid something permissible, or contradict the essence of the contract. This is based on the Almighty's saying: "O you who have believed, fulfill [all] contracts," and the Prophet's (peace be upon him) saying: "The conditions most worthy of fulfillment are those by which you make intimacy lawful." If the husband does not fulfill the condition, she is permitted to refer the matter to a judge for annulment of the marriage.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
160753
Imported
Translation status
Source text, unreviewed
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