Fatwa ID: 07671

Answered by Alimah Shireen Mangera-Badat

Question:

A husband gave his wife one talaq baain. They want to redo the nikah but the wife is placing following conditions:

1. If he divorces her a second time, she will have the right to divorce for the 3rd one
2. If he divorces her a second time, he will give her $40k.

Are these conditions valid?

In the name of Allah, the Most Gracious, the Most Merciful

Answer: 

In Hanafi Fiqh, the permissibility and validity of conditions in a marriage contract (Nikah) are governed by principles of Islamic jurisprudence. Let’s address the specific conditions you mentioned:

Condition 1: If he divorces her a second time, she will have the right to divorce for the third one.

Understanding the Condition: The wife is asking for the right to execute the third divorce if the husband divorces her a second time. This means that she is seeking the authority to pronounce the final (third) divorce, which would permanently terminate the marriage.

– In Hanafi Fiqh, the right to divorce (Talaq) is generally vested in the husband. However, a husband can delegate this right to his wife through a process known as Tafwid al-Talaq (delegation of divorce). This delegation can be conditional or unconditional.¹

Therefore, if the husband agrees to this condition and delegates the right of pronouncing the third divorce to his wife upon the occurrence of the second divorce, this condition would be valid in Hanafi Fiqh.

Condition 2: If he divorces her a second time, he will give her $40,000.

The wife is stipulating that if the husband divorces her a second time, he is obligated to pay her a specified amount of $40,000.

In Hanafi Fiqh, conditions that are related to the financial rights of the wife, such as a stipulated payment in the event of divorce, are generally permissible as long as they do not contradict the principles of Shariah.²

Given this, the condition that the husband would pay $40,000 in the event of a second divorce is a valid condition in the marriage contract under Hanafi Fiqh.

In summary, both conditions that the wife is asking for:

1. The right to divorce if the husband divorces her a second time (through Tafwid al-Talaq).
2. A payment of $40,000 in the event of a second divorce.

These are valid conditions under Hanafi Fiqh, provided that the husband willingly agrees to them. It is crucial that these conditions be clearly stated and agreed upon by both parties to avoid any ambiguity or disputes in the future.

May Allah grant you wisdom and ease in all your affairs.

I hope that this answers the question.

Only Allah knows best.

Written by Alimah Shireen Mangera-Badat

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

1

> جاء في *الفتاوى الهندية*: “ولو فوّض الزوج الطلاق إلى زوجته بشرط، فوقع الشرط، فلها أن تطلق نفسها.” (*الفتاوى الهندية*، 1/

2

جاء في *الدر المختار* وشرحه *رد المحتار*: “ويصح اشتراط النفع في العقد إذا كان النفع معلومًا وجرى به العرف.” (رد المحتار، 3/186).