Putting conditions in a marriage contract

1. Putting conditions in a marriage contract

2. Kinds of conditions • Conditions parallel to the contract and the core of marriage in Islam • Conditions that contradict marriage in Islam and the main idea of marriage • Conditions that Islam was idle on, and may have some benefit for one side

3. Conditions parallel to the contract and the core of marriage in Islam • Such as putting a condition that the husband would be good to his wife, or shelter and financing is his responsibility, or being just with her co-wives. • Anyways he is obligated to fulfill them, whether mentioned in the contract or not

4. Conditions that contradict marriage in Islam and the main idea of marriage • These conditions themselves are invalid. • Such as putting it a condition that she does not have to obey him, or leave the house without his permission, or be fair with her co-wives, or not spend on them, or that she does not want dowry, or finance her, or not have sexual relations with her, or once every year. • Any condition that is against Islam is invalid, since it contradicts Islam and the main reason for marriage set in nature or by Islam. • The prophet peace be upon him said: “كل شرط ليس في كتاب الله فهو باطل» any conditions that contradicts the book of Allah is invalid.” • Note: some scholars considered the contracts that have these invalid conditions, are invalid, (i.e. the contract itself), other scholars considered the condition as invalid, but the contract is still valid.

5. Conditions that Islam was idle on, and may have some benefit for one side(Permissible conditions) • These conditions are what Islam did not forbid, and does not contradict the main wisdom marriage was permitted for. • Such as conditioning: • Not to leave the U.S, or a certain state • Not to get married to other women • To continue working • Or continue her education

6. The ruling on (permissible conditions) • Hanbali scholars have considered these conditions as valid, and the husband must abide by them. • At the same time, most scholars considered that these conditions are not valid, unless he makes on oath by Allah, or swears if he doesn’t abide by them she would be divorced.

7. The reason for the different opinions • Are conditions supposed to be halal in general unless proven otherwise or not? • Ibntaymiya was one of the scholars that said that conditions are part of actions, and actions are halal unless proven otherwise by text. • Allah Almighty had said: «يا أيها الذين آمنوا أوفوا بالعقود» “ Oh ye who believe abide by the conditions that you had set with one another” المائدة 1 • Allah Almighty said: “وأوفوا بالعهد إن العهد كان مسؤولا» الإسراء 34 • The prophet peace be upon him had mentioned that part of the signs of a hypocrite is that they do not abide by the agreements. • The prophet peace be upon him said: ما بال رجال يشترطون شروطاً ليست في كتاب الله؟ من اشترط شرطا ليس في كتاب الله فهو باطل، شرط الله أحق وأوثق» • “why have some men, put conditions not in the book of Allah, who ever puts a condition not in the book of Allah, is invalid, Allah’s conditions are the most important conditions”. • The reason for this hadith was that the prophet’s wife Aysha had bought Bareera to free her, then her owners refused and conditioned that she would abide by them for ever, the prophet peace be upon him said: buy her and free her, and abiding to someone is for the person that has freed them”