[Hanbali]

Question:Can a woman insist in the marriage contract that the man cannot marry another wife? Is such a condition valid?

Answered by Sheikh Salman al-Oadah

Yes, it is permissible for the woman to set the condition, before the marriage is contracted, that her husband may not contract another marriage. This is a valid condition.

The basic ruling regarding contractual conditions is that they are permissible. A contractual condition only becomes invalid under two circumstances:

1. The condition violates a ruling of Islamic Law.

2. The condition contravenes the essential purpose or purposes of the contract.

If either of these two circumstances applies to a condition, then the contractual clause specifying the condition is an invalid clause.

An example of a clause that violates a ruling of Islamic Law would be a clause where the prospective wife stipulates the condition that her husband cannot attend congregational prayer. This clause is invalid since it violates an Islamic legal ruling enjoining upon men to offer their prayers in congregation.

Another example of a condition that violates a ruling of Islamic Law would be for the prospective wife to set a condition that her husband divorces his present wife. This condition is injurious to the present wife. It also goes against the ruling where the Prophet (peace be upon him) said: “A woman cannot ask for her sister to be divorced so she can have him to herself. She can have just what Allah has prescribed for her. ” [Sahîh al-Bukhârî (2723) and Sahîh Muslim (1408)]

An example of a clause that violates an essential purpose of the marriage contract would be a clause stipulating the condition that the man many never engage in sexual relations with his wife. Since conjugal relations are an essential aspect of a marriage, such a condition is invalid.

As for the condition that the husband refrain form contracting another marriage thereafter, this does not violate any Islamic legal ruling. Marriage to another wife is merely permissible in and of itself. The husband commits no sin by refraining from contracting a polygamous marriage. By stipulating this condition, the woman is not saying that polygamy is unlawful, but just that she wishes her husband to refrain from it.

And Allah knows best

Islamtoday.Com - Validity of prenuptial clause preventing polygamy

[Hanbali]

Question:Can a woman have it stipulated in the marriage contract that her husband-to-be will be barred from marrying another wife? Is it allowed in the same scenario above, that her husband-to-be can be temporarily barred from contracting a second marriage, in a span of, let's say, 10 years?

Answered by Sheikh Nâyif al-Hamad, presiding judge at Rimâh District Court

The woman may stipulate a condition in the marriage contract that her husband may not marry another woman. Such a condition must be made before the marriage contract or while executing it.

If the man violates this condition, then the woman will have the right to terminate the marriage contract.

And Allah knows best.

Islamtoday.Com - Condition that man may not marry a second wife

[Jamroll]

Question is, would you really want to marry a woman who wants that kind of thing stipulated in the contract?

[sally]

Originally Posted by Jamroll

Question is, would you really want to marry a woman who wants that kind of thing stipulated in the contract?

Question is, would you really want to marry a man who made you feel like you would need that kind of thing stipulated in the contract?

[Hanbali]

Originally Posted by sally

Question is, would you really want to marry a man who made you feel like you would need that kind of thing stipulated in the contract?

Question is, would you really want to....

Wait for it................................................ ...

[IbnMardhiyah]

Originally Posted by Jamroll

Question is, would you really want to marry a woman who wants that kind of thing stipulated in the contract?

Ditto.

Even though I know I'd live and die with one woman only ... I'd still feel really disturbed if a prospective wife / fiancee asked me to sign away such a right of mine.

[sally]

Originally Posted by Hanbali

Question is, would you really want to....

Wait for it................................................ ...

uhhhhh ok?

[Hanbali]

I disagree with both brothers Ibn M / Jamroll and sister Sally. My disagreement is as follows:

Originally Posted by IbnMardhiyah

Ditto.

Even though I know I'd live and die with one woman only ... I'd still feel really disturbed if a prospective wife / fiancee asked me to sign away such a right of mine.

Why would you feel disturbed? Protective jealousy is in the nature of both man and woman. Even Bibi Fatima [ra] felt this, evidenced by her getting angry at Sayyiduna Ali [ra] wishing to marrying another.

Originally Posted by sally

Question is, would you really want to marry a man who made you feel like you would need that kind of thing stipulated in the contract?

So now a man who wishes to marry more than one wife is suddenly detestable? The Prophet [s] himself married more than one wife, as well as past prophets and the Sahabah.

[Jamroll]

Originally Posted by sally

Question is, would you really want to marry a man who made you feel like you would need that kind of thing stipulated in the contract?

I can confirm I would not want to marry a man who made me feel like that. If I'm honest, I probably wouldn't marry a man anyway. But those new civil partnership laws are there, so it would be a shame to discount them altogether.

[Jamroll]

I would like it stipulated in the contract that tea be served at 4pm sharp every day. Is this permissible?

[sally]

Originally Posted by Hanbali

So now a man who wishes to marry more than one wife is suddenly detestable? The Prophet [s] himself married more than one wife, as well as past prophets and the Sahabah.

where did i say it was detestable? if you said you disagree with jamroll and ibn and just said all that stuff about protective jealousy blah blah blah then why are you disagreeing with me. those might very well be my reasons

[IbnMardhiyah]

Originally Posted by Hanbali

Why would you feel disturbed? Protective jealousy is in the nature of both man and woman. Even Bibi Fatima [ra] felt this, evidenced by her getting angry at Sayyiduna Ali [ra] wishing to marrying another.

How many contracts have you ever signed in your life?

Three's one thing to feel jealous - which I don't mind - and its another thing for her to say, "I'm asking you to relinquish XYZ right of yours so please sign here on the dotted line."

Am I getting anything in return?

[Zam]

Originally Posted by Jamroll

I can confirm I would not want to marry a man who made me feel like that. If I'm honest, I probably wouldn't marry a man anyway. But those new civil partnership laws are there, so it would be a shame to discount them altogether.

[Timbit]

What's the point? If he gets another wife, then you can get divorced. That's how it works in my community.

[sally]

Originally Posted by IbnMardhiyah

How many contracts have you ever signed in your life?

Three's one thing to feel jealous - which I don't mind - and its another thing for her to say, "I'm asking you to relinquish XYZ right of yours so please sign here on the dotted line."

Am I getting anything in return?

you act like the marital contract cant survive if you dont get something in return for your absolute generosity i.e. signing the dotted line