Conditions in marriage are of two types:
The first type is: valid which is a condition that a woman benefit from such as: stipulating the increase of Mahr (mandatory gift to a bride from her groom), stipulating a special kind of dower, stipulating not to move from her house or country, stipulating that her husband should not marry another woman, not to separate between her and her family or children, or stipulate to continue her education, and other things that a woman may benefit from and does not affect others in the same time. In these cases, fulfilling these conditions is obligatory and if the husband does not fulfill these conditions, a woman has the right to ask for the annulment of the marriage contract. Moreover, her right of annulment does not fall except if there is a sign of her consent such as a saying or letting her husband act opposite to the agreed upon conditions. (1)
The proof to that is the saying of the Messenger of Allah (peace be upon him) "From among all the conditions which you have to fulfill, the conditions which make it legal for you to have sexual relations (i.e. the marriage contract) have the greatest right to be fulfilled." (2)
And because the general proofs that command Muslims to keep their contracts and promises.
However, if these conditions violate the rights of others, such as stipulating the divorce of her fellow wife, the condition is invalid to fulfill because of the prohibition of the Prophet (peace be upon him) in the Hadith of Abu Hurayrah who narrated: "The Messenger of Allah (peace be upon him) forbade that a woman should be married to man along with her paternal or maternal aunt or that a woman should ask for divorce for her fellow wife in order to deprive her of what belongs to her. Allah, the Exalted and Majestic, is her Sustainer too." (3)
To be continued in the next episode
These series are written by
Dr. Ilham Badr Al Jabry
1- Al Mubdi` 7/80, Dalil At-Talib 1/231, Al Insaf of Al Mardawy 8/154- 155, Manar As-Sabil 2/157, Al Kafy Fi Fiqh Imam Ibn Hanbal 3/55, and Al Mughny 7/71.
2- Reported by Al Bukhari, chapter on conditions in dowery at concluding the marriage contract p. 2572- 2/970, and reported by Muslim, chapter on fulfilling the conditions of marriage p. 1418.
3- Reported by Muslim, chapter on the prohibition of combining between a woman and her paternal aunt in marriage p. 3509- 4/136.