Is it permissible for a man to condition his marriage to a woman on her waiving her rights on the grounds that she is not beautiful and not desirable?
Machine translationRead the Arabic original
The questioner:
May Allah reward you with good and do you well. He says: My cousin is not very beautiful, and men have not been interested in her. So I want to marry her, and I made it a condition that she give up her right to equal treatment, so that she accepts whatever share I assign to her. Is that permissible for me or not?
The Shaykh:
Making it a condition that she give up her right to equal treatment puts her in an awkward position.
The presenter:
We seek help from Allah. We seek help from Allah.
The Shaykh:
This is a source of dispute later on. If you are unable to be just with her, it is better that you leave her. When Allah (Glorified and Exalted is He) permitted a man to have multiple wives, He said:[An-Nisa 4:3] that [An-Nisa 4:3] Therefore, the one who does not feel secure from himself regarding injustice and bias is not permitted to proceed with marriage if he is unable to do so. The Prophet (peace and blessings be upon him) said: “O young men, Sunan an-Nasa'i 3211Sahih (Darussalam).” It was said that *al-ba'ah* refers to the costs of marriage, and it was said that it refers to having desire for women. Yes.
May Allah reward you with good and do you well. He says: My cousin is not very beautiful, and men have not been interested in her. So I want to marry her, and I made it a condition that she give up her right to equal treatment, so that she accepts whatever share I assign to her. Is that permissible for me or not?
The Shaykh:
Making it a condition that she give up her right to equal treatment puts her in an awkward position.
The presenter:
We seek help from Allah. We seek help from Allah.
The Shaykh:
This is a source of dispute later on. If you are unable to be just with her, it is better that you leave her. When Allah (Glorified and Exalted is He) permitted a man to have multiple wives, He said:
But if you fear
فَإِنْ خِفْتُمْthat you will not be just, then [marry only] one or those your right hand possesses
أَلَّا تَعْدِلُوا فَوَاحِدَةً أَوْ مَا مَلَكَتْ أَيْمَانُكُمْwhoever among you can afford it, let him get married
من استطاع منكم الباءة فليتزوج
Source
قناة «العلامة الدكتور صالح الفوزان»، 4056- هل يجوز للرجل أن يشترط على من يتزوجها أن تتنازل عن حقوقها بحجة أنها غير جميلة وغير مرغوبة؟ — youtube.com
The Arabic text is a machine transcription of the audio recording.