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A Condition in Marriage

 


Question:

Some guardians impose as a condition on their daughters husbands at the time of making the marriage contract that they must allow their wives to continue their education, and to work after graduation. Is this condition permissible? And what is the ruling if it is not implemented after marriage?
Answer:

Any condition imposed upon the husband to which he agreed ý as long as it is not forbidden in the Islamic Law ý is an obligation upon him. That is, he is obliged to implement it, according to the words of the Prophet: Verily the condition having most right to be fulfilled is one by which you make the private parts (of the spouse) permissible. [1] But the wife and her family should not impose conditions such as the one mentioned in the question; rather, they should leave the matter to be agreed upon by the husband and wife after the contract. It is well known that a man marries a woman in order to be a wife who brings up children and to improve his living conditions, not to be a worker whom he only sees sometimes. Therefore facilitation and refraining from imposing such conditions is more fitting and preferable.
[1] Al-Bukhari no. 2721 and Muslim no. 1418

Shaykh Muhammad bin Saalih al-`Uthaymeen
Fatawa Islamiyah Vol. 5 Page 262

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