Types Of Conditions In The Marriage Contract - Islam for Muslims - Nairaland
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| Types Of Conditions In The Marriage Contract by Rashduct4luv(m): 5:37pm On Feb 02, 2021 |
Question I am a young man who is engaged and is going to get married. I've heard that at the time of the marriage contract, the wife can stipulate conditions in the contract. My question is: what are the limits of these conditions? What happens if the conditions are broken? Is it possible to give the wife herself the right to divorce (talaaq) if I break these conditions? Is it possible for the condition to be, for example, that I will not take another wife and in the event that I do take another wife she will be divorced from me? I hope you can advise and explain this matter in detail. May Allah reward you with good. Answer Praise be to Allah. The basic principle with regard to the conditions stipulated by both partners in the marriage contract is that it is a valid condition that must be fulfilled, and it is not permissible to break it, because the Prophet (blessings and peace of Allah be upon him) said: “The condition which most deserves to be fulfilled is that by means of which intimacy becomes permissible for you.” Narrated by al-Bukhaari (2721) and Muslim (1418). Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said: The basic principle with regard to conditions in the marriage contract is that they are valid, unless there is proof to show that they are not valid. The evidence for that is the general meaning of the evidence which speaks of fulfilling covenants: “O you who believe! Fulfil (your) obligations” [al-Maa’idah 5:1] “And fulfil (every) covenant. Verily, the covenant will be questioned about” [al-Isra’ 17:34] and in the hadeeth narrated from the Messenger (blessings and peace of Allah be upon him) it says: “The Muslims are bound by their conditions, except a condition that forbids what is permissible or permits what is forbidden.” Narrated by al-Tirmidhi (1352). And he (blessings and peace of Allah be upon him) said: “Whoever stipulates a condition that is not in the Book of Allaah it is not valid, even if he stipulates a hundred times.” Narrated by al-Bukhaari (2155) and Muslim (1504). To sum up, the basic principle with regard to conditions is that they are permissible and valid, whether they are to do with marriage, buying and selling, renting, pledges or mortgages, or awqaaf. The ruling on the conditions that are stipulated in contracts, if they are valid, is that they must be fulfilled, because of the general meaning of the verse (interpretation of the meaning): “O you who believe! Fulfil (your) obligations” [al-Maa’idah 5:1]. End quote. Al-Sharh al-Mumti’, 5/241 (Egyptian edition). With regard to the woman stipulating that the husband should not take a second wife, the opinion of some scholars is that this condition is permissible, and if the husband breaks it, the wife has the right to annul the marriage and take her dues in full. Ibn Qudaamah (may Allah have mercy on him) said: If he stipulates that he will not take her out of her house or her city, or that he will not travel with her or will not take another wife, then he is obliged to fulfil that, and if he does not do so, then she has the right to annul the marriage. This was narrated from ‘Umar, Sa’d ibn Abi Waqqaas and ‘Amr ibn al-‘Aas (may Allah be pleased with them). End quote. Al-Mughni, 9/483 Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said: If she stipulates that he should not take another wife, this is permissible. Some of the scholars said that it is not permissible, because it is restricting the husband in something that Allah has permitted to him, and it is contrary to the Qur'aan in which it says (interpretation of the meaning): “then marry (other) women of your choice, two or three, or four” [al-Nisa’ 4:3]. It may be said in response to that that she has a reason to ask him not to marry another wife and she is not transgressing against anyone. The husband himself is the one who is giving up his right; if he has the right to marry more than one, he is giving it up. So what is to prevent this condition being valid? Hence the correct view with regard to this matter is the view of Imam Ahmad (may Allah have mercy on him), which is that this condition is valid. End quote. Al-Sharh al-Mumti’, 5/243 It should be noted that if the husband breaks this condition, his wife does not become divorced as a result of that, rather she has the right to annul the marriage, and she may either annul it or give up the condition and accept what her husband has done, and remain as his wife. Shaykh Saalih al-Fawzaan (may Allah preserve him) said: Among other conditions that are valid in marriage is if she stipulates that he should not take another wife. If he fulfils the condition (all well and good), otherwise she has the right to annul the marriage because of the hadeeth, “The condition which most deserves to be fulfilled is that by means of which intimacy becomes permissible for you.” Similarly, if she stipulates that he should not separate her from her children or parents, this condition is valid and if he breaks it, she has the right to annul the marriage. If she stipulates that her mahr should be increased or that it should be in a specific currency, the condition is valid and binding, and he has to fulfil it, and she has the right of annulment if it is broken. In that case she has the choice and may decide any time she wants and may annul it whenever she wants, so long as there is nothing on her part to indicate that she accepts it if she knows that he has gone against what was stipulated; in that case she would no longer have the option. ‘Umar ibn al-Khattaab (may Allah be pleased with him) said to the one who he ruled was obliged to fulfil what his wife had stipulated, when the man said, “Divorce us in that case,” ‘Umar said: It is a must to fulfil the conditions, because of the hadeeth, “The believers are bound by their conditions.” Al-‘Allaamah Ibn al-Qayyim said: It is obligatory to fulfil these conditions which are the most deserving of being fulfilled. This is what is implied by sharee’ah, reason and sound analogy, if the woman did not agree to become a man's wife except on these conditions, and if it were not obligatory to fulfil them, then the marriage contract would not be based on mutual agreement, and it would be making something obligatory upon her that Allah and His Messenger have not made obligatory. End quote. Al-Mulakhkhas al-Fiqhi (2/345, 346) And Allah knows best. Source-IslamQA 7 Likes |
| Re: Types Of Conditions In The Marriage Contract by AntiChristian: 9:38am On Feb 03, 2021 |
This is both lovely and beautiful. I love Islam! 6 Likes |
| Re: Types Of Conditions In The Marriage Contract by Nobody: 9:52am On Feb 05, 2021 |
Marriage is both a spiritual and physical ordinance. You don't call it marriage if you already have a preemptively selfish agenda to crash it 10 Likes 1 Share |
| Re: Types Of Conditions In The Marriage Contract by Abboki: 9:52am On Feb 05, 2021 |
And u carry Christian in your name.. Wow Christ is wonderful AntiChristian: 17 Likes 2 Shares |
| Re: Types Of Conditions In The Marriage Contract by theFilmtric: 9:55am On Feb 05, 2021 |
| Re: Types Of Conditions In The Marriage Contract by Smileall(m): 9:56am On Feb 05, 2021 |
The perfect religion We Muslims should endeavor to practice according to the scriptures and not just how we see others doing Anyways, I pray I meet my better half soonest, and may Allah make both of us compatible inorder to attain piety and get closer to Him. I also pray to land a blessed job from which I would be able to meet up with my obligations and be of relevance to humanity 9 Likes 1 Share |
| Re: Types Of Conditions In The Marriage Contract by marvin906(m): 10:10am On Feb 05, 2021 |
Smileall: The perfect religion yes.. I can see its handwork with hisbah in kano, and Bokoharam in North East.. What a perfect religion 30 Likes
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| Re: Types Of Conditions In The Marriage Contract by marvin906(m): 10:11am On Feb 05, 2021 |
You. Never marry you don they plan divorce.. You all are mad 15 Likes
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| Re: Types Of Conditions In The Marriage Contract by Sneh7(m): 10:15am On Feb 05, 2021 |
To start with, I don't believe in ur oath, pls re-caption it to Islam contract marriage, Thanks 6 Likes |
| Re: Types Of Conditions In The Marriage Contract by theFilmtric: 10:18am On Feb 05, 2021 |
marvin906:Al-Qeada Al-shabab Hezbollah Taliban(Pakistan-Afghanistan) ISIS Very perfect... theFilmtricsay 22 Likes 2 Shares |
| Re: Types Of Conditions In The Marriage Contract by Smileall(m): 10:20am On Feb 05, 2021 |
marvin906:If a person or group, contradicts or goes out of the doctrines of islam out of human error or misunderstanding, that does not change the fact that the scriptures are the best revealed to mankind moreover, insurgency, extrajudicial killing, sin, disobedience etc are not peculiar and unique to a religion Peace 3 Likes |
| Re: Types Of Conditions In The Marriage Contract by Nobody: 10:34am On Feb 05, 2021 |
Smileall:Lies. You don't call it a misunderstanding and people's interpretation when the Quran is explicitly clear on how the crimes should be committed to the teeth. There is nothing perfect about a religion that is evidently wrong about nature (sun sets in muddy water) Medically wrong to assert camel urine as cure for ailment. Historically wrong to call Mary the mother of Jesus sister of Aaron. Morally wrong to defile and marry underage children Logically wrong to say a god was created from camel sweat, when same god created camel I can go on Sin is not perculiar to one religion but Terrorism aka Islamic militant jihad is perculiar to Islam as a religion as defined in it's modus operandi called Quran 15 Likes 2 Shares |
| Re: Types Of Conditions In The Marriage Contract by Kennyfancy(m): 10:42am On Feb 05, 2021 |
Keep preaching what does not concern you, instead of thinking of ways to stop islamic terrorist from killings over the world 3 Likes |
| Re: Types Of Conditions In The Marriage Contract by marvin906(m): 10:55am On Feb 05, 2021 |
Smileall: So you admit the Hypocrisy in Islam or Muslims 3 Likes
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| Re: Types Of Conditions In The Marriage Contract by nick50(m): 10:55am On Feb 05, 2021 |
So much trouble from the religion of piss..all they know is destruction,killings,war ,execution and amputation, no love and no regards to human life..e no go ever better for that dirty paedophile called muhammad 4 Likes 1 Share |
| Re: Types Of Conditions In The Marriage Contract by Safyqueen: 11:10am On Feb 05, 2021 |
Mikecold: Dear Christian hypocrites that would come here for bashing! Intolerance of various religions is the foundation of Judaism, Christianity, Muslim and many other orthodox communities. Matter of fact, the Bible and Pentateuch commands religious intolerance in MANY verses, even to the point of KILLING people for their beliefs. Here then, are a few choice verses that show just how intolerant these religionists are of other believers and nonbelievers. We shall start with the two verses that helped to inflict one of the biggest mass murders in history, the Inquisition. Woman with “familiar spirits” must be stoned to death. Leviticus 20:27 “Thou shalt not suffer a witch to live.” Exodus 22:18 Kill those who are not Christian or Jewish: You must kill those who worship another god. Exodus 22:20 Kill any friends or family that worship a god that is different than your own. Deuteronomy 13:6-10 Kill all the inhabitants of any city where you find people that worship differently than you. Deuteronomy 13:12-16 Kill everyone who has religious views that are different than your own. Deuteronomy 17:2-7 Kill anyone who refuses to listen to a priest. Deuteronomy 17:12-13 Kill any false prophets. Deuteronomy 18:20 Any city that doesn’t receive the followers of Jesus will be destroyed in a manner even more savage than that of Sodom and Gomorrah. Mark 6:11 Jude reminds us that God destroys those who don’t believe in him. Jude 5 Ignorance is bliss. Christians should not practice free inquiry nor socialize with non Christians: Don’t associate with non-Christians. Don’t receive them into your house or even exchange greeting with them. 2 John 1:10 Shun those who disagree with your religious views. Romans 16:17 Paul, knowing that their faith would crumble if subjected to free and critical inquiry, tells his followers to avoid philosophy. Colossians 2:8 Judge other religions for not following Christ: Whoever denies “that Jesus is the Christ” is a liar and an anti-Christ. 1 John 2:22 Christians are “of God;” everyone else is wicked. 1 John 5:19 The non-Christian is “a deceiver and an anti-Christ” 2 John 1:7 Anyone who doesn’t share Paul’s beliefs has “an evil heart.” Hebrews 3:12 False Jews are members of “the synagogue of Satan.” Revelations 2:9, 3:9 Here are my two personal favorites: Everyone will have to worship Jesus -- whether they want to or not. Philippians 2:10 A Christian can not be accused of any wrongdoing. Romans 8:33 Say no to bigotry and embrace Humanity and mother Nature! 4 Likes 1 Share |
| Re: Types Of Conditions In The Marriage Contract by Nobody: 11:22am On Feb 05, 2021 |
Safyqueen:Dear Muslim slave, If God kills by himself (Sodom and Gomorah) that is a debate on its own. However our debate here is whether humans can kill for him as mandated by Islamic Terrorists, Insurgents etc. You quoted the Torah forgetting that the children of Israel themselves made a covenant to follow Yaweh and were ready to bear the consequences of their actions. This isn't intolerance, this is a law they agreed to keep They enjoyed the goodies of Yaweh when they did well and also got punishment where they failed. The children of Israel weren't killing Muslims and Christian's like Islamic Terrorists, they were practicing the law within the people who agreed to practice it. The Bible didn't instruct Christian's to go kill non chriatians for conversion, it simply prescribes a principle within Christian's themselves. I don't see how abstaining from the idealogies of a non christian is intolerance, differences is what makes humanity. Even Democracy accepts liberalism and conservatism So long as i am not killing those who disagree with me like Islam prescribes. Compare this to Islam which didn't agree any oat with allah but have taken it upon itself to convert humanity to Islam by force Unlike the Jews did humanity sign agreement to be with Allah that neccesitate this forced call to islam? 9 Likes 3 Shares |
| Re: Types Of Conditions In The Marriage Contract by Smileall(m): 11:22am On Feb 05, 2021 |
All praise to Allah who guides whom he wills to the right path I would like to point out clearly that there is no compulsion in Islam and It is only Allah who guides to the path of righteousness. As such, Don't bother to quote me because I won't respond anymore EXCEPT if you can bring verses or unequivocal evidences from your scriptures where it is clearly stated that you are permitted to falsely take an oath just to bash other people and to talk ill of other people's religion But if you're unable to do that, then Know verily, that you are amongst the wrongdoers just like those you listed 1 Like |
| Re: Types Of Conditions In The Marriage Contract by chillychill(f): 11:38am On Feb 05, 2021 |
In conclusion a weak husband will not fulfill his promise or promises to his wife n a weak husband will promise his wife not to take another wife when he knows it's his right. May Allah not let us marry a weak partner 1 Like |
| Re: Types Of Conditions In The Marriage Contract by TeemahBeddings: 1:10pm On Feb 05, 2021 |
Asalam Alaykum. 1 Like |
| Re: Types Of Conditions In The Marriage Contract by advocatejare(m): 2:42pm On Feb 05, 2021 |
What does the word nikah mean? It simply means contract to have sex. So my Muslim brothers and sisters , your marriage was not designed to be loved, it is simply a contract of sex. The term nikah (or the root n-k-h) as meaning "sexual intercourse", or the contract of sexual intercourse So you're in longer sexually attractive to your husband don't be surprised if he terminates the nikkah contract. Only Yahweh offers the marriage of oneness and togetherness. Yahweh created marriage between man and woman for the sole purpose of togetherness, companionship, to complement one another! Genesis 2:24 - For this reason a man will leave his father and mother and be united to his wife, and they will become one flesh. That's why unlike the Quran that permit men to beat their wives and never ask them to love one another, the Bible emphasizes love in marriage. Ephesians 5.28 - In this same way, husbands ought to love their wives as their own bodies. He who loves his wife loves himself. 8 Likes 2 Shares |
| Re: Types Of Conditions In The Marriage Contract by Nobody: 3:12pm On Feb 05, 2021 |
advocatejare:You are right, there are actually "HARD-HIT" which defines how these short sex aggrement should go e.g if a Muslim is going on a far travel and feels the urge for sex. He can sign a "marriage" contract with a woman, this was an Islamic principle of legalizing prostitution and fornication all in one. I would find the Hadith and bring it here 6 Likes |
| Re: Types Of Conditions In The Marriage Contract by Olisehinnocent: 3:19pm On Feb 05, 2021 |
I don't know what you derived in lying. Here is philippians 2:10 Safyqueen: 3 Likes
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| Re: Types Of Conditions In The Marriage Contract by advocatejare(m): 3:32pm On Feb 05, 2021 |
Mikecold:They call such marriage Mut'a 4 Likes
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| Re: Types Of Conditions In The Marriage Contract by Nobody: 3:33pm On Feb 05, 2021 |
Olisehinnocent:They are shallow people, he brought the verse as his defense of Islamic forced conversion. All same verses contradicts his statement. If every knell is bowing to Jesus in heaven doesn't it mean that he is God in heaven too. That is a statement of majesty and authority of a creator over everything irrespective of who wants to convert to christianity or not 7 Likes 2 Shares |
| Re: Types Of Conditions In The Marriage Contract by Nobody: 3:35pm On Feb 05, 2021 |
advocatejare:Thanks, for this. Thrilling to know that all Islamic marriages are actually sex contracts with the time as only changing decimal 5 Likes |
| Re: Types Of Conditions In The Marriage Contract by advocatejare(m): 3:39pm On Feb 05, 2021 |
Mikecold:Yes Everything revolves around sex. Even their paradise is about sex with numerous houris and unending erections |
| Re: Types Of Conditions In The Marriage Contract by Nobody: 3:47pm On Feb 05, 2021 |
advocatejare:lol, In the supposed presence of a holy god. Its actually foolish that there is need for sex or slaves in a supposed heaven because sex is a need. Need is an empty void that should be filled. In a supposed presence of God all wants and needs should be gone because his presence is enough to satisfy you 6 Likes |
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