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Validity of dropping the condition stipulated by the wife

Question:

I am a married man, and a condition was stipulated in the marriage contract to live in a place far from my parents and lived in the first year of marriage in a region far from the family. But for the high living expenses, I decided to live with my family. If there an agreement between me and my wife to live on a separate floor, is that invalidates the marriage contract? Or is there any sin on us?.

Answer:

Praise be to Allah. May His peace be upon the Messenger of Allah, his family and his companions. After that:

If your wife is very is a matured and right-minded one, she has the right to drop the condition she stipulated for her interest because she has the right, and if she drops, it is then considered void, and has no effect on the validity of the marriage contract.

Al-Rehaibani said in " Mataalibu U'uli-Al-Nuha " when talking about the conditions in marriage: If a woman dropped away her right from among the conditions, it is then considered void absolutely. It is said in " Al-Insaaf ": It is true.

Shaykh Muhammad ibn Ibrahim al-Shaykh was asked as  in his fatwas about the husband who his wife's guardian stipulated on him to stay with her in her country and not to move with her husband to another country.

The answer is that the stipulated condition by the wife or her guardian on the husband that he should not take her away from her house or from her country, it is a valid condition that must be abided with, because of the hadeeth narrated by 'Uqba ibn' Aamir (may Allah be pleased with him) from the prophet(peace be upon him) that:

 [أَحَقُّ الشُّرُوطِ أَنْ تُوفُوا بِهِ مَا اسْتَحْلَلْتُمْ بِهِ الْفُرُوجَ].

 [The condition worthier to be fulfilled by you is the one by which you made the private parts (of your wife) lawful (for you)]. (Recorded by Al-Bukhaari, No:2721).

It is narrated by Al-Athram that: A man married a woman and a condition was stipulated that he will live with her in her house. Then, when he wants to take her away of her house, quarreled with him, and they both went to 'Umar (may Allah be pleased with him). Umar said: " She has the right of her condition, but if she agrees to move with him, then the right is for her, and if she drops the condition, then it is becomes void ".

Therefore, as long as the wife has agreed to live with your family, there is nothing wrong with that.

Allah knows best.

Source of Fatwa:

Fatwa from: Islam Web

Fatwa No: 379285.

Original text of the Fatwa in Arabic:

 السؤال:

أنا رجل متزوج، ووضع شرط في عقد الزواج بالسكن في مكان بعيد عن الأهل "خارج منزل العائلة" وسكنت في أول سنة زواج في منطقة بعيدة نسبيا عن العائلة. ولكن لارتفاع المعيشه قررت أن أسكن عند أهلي. هل لو حدث اتفاق بيني وبين زوجتي على السكن في طابق منفصل يبطل عقد الزواج؟ أو يوجد إثم علينا؟.

  الجواب:

الحمد لله، والصلاة والسلام على رسول الله، وعلى آله وصحبه، أما بعد:

فإذا كانت الزوجة بالغة رشيدة فلها أن تسقط ما شرط لمصلحتها؛ لأنها صاحبة الحق، فإذا أسقطته سقط. ولا يؤثر ذلك في صحة عقد النكاح. قال الرحيباني في مطالب أولي النهى، عند الكلام عن الشروط في النكاح: فإن أسقطت حقها من الشرط، يسقط مطلقًا، قال في الإنصاف: إنه الصواب. اهـ...

 

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