Placing conditions in marriage?
In the name of Allah, the most Beneficent, the most Merciful.
If the conditions one puts in the marriage contract is against the concept of marriage, such as the wife will not be receiving any financial support or she will not get a place to stay etc… these conditions will be considered void according to the teachings of the Shariah. It will have no effect on the marriage if either the husband or wife refuses to fulfil it.
(Ilaaus Sunan p.64 v.11)
However, if the conditions are such which are not against the concept of marriage, for example the wife will not be going out to work etc…then again it will have no effect on the marriage if the wife refuses to fulfil it. This is no more than a promise hence it will have no effect on the validity of the marriage.
If the husband however were to say ‘if you do not fulfil the condition then I’ll divorce you’ then there are two possible situations
- Either the husband said this prior to the marriage being conducted
- Or the husband said it after the marriage was conducted.
In the first situation divorce would not occur, however, in the second situation it will. (Hidayah p.385 v.2)
Only Allah Knows Best
Mohammed Tosir Miah
Darul Ifta Birmingham.