The ruling on a wife stipulating residence in a country other than the husband's country
Machine translationRead the Arabic original
The questioner:
The questioner asks: Is it permissible for a wife to stipulate to her husband that she will reside in a country other than the husband's country for a period exceeding...
The Shaykh:
Is it a condition?
The questioner:
Is it permissible for a wife to stipulate to her husband that she will reside in a country other than the husband's country for a period exceeding five years, and to mention this in the marriage contract?
The Shaykh:
There is nothing wrong with that. Muslims are bound by their conditions. If she stipulates that she will reside in a specific country, whether for permanent or temporary residence, and she has an interest in doing so, then it is obligatory to abide by the condition. Yes.
The questioner:
It is known that it was stated in the chapter on the treatment of wives that a husband may travel with his wife unless she has stipulated otherwise.
The Shaykh:
That is, it does not conflict; it does not conflict with this. Yes.
The questioner:
Is this travel and this condition still in effect and continuing until Allah wills, or is it only after the marriage contract and before consummation? May Allah reward you with good.
The Shaykh:
Muslims are bound by their conditions, in whatever form they may be, provided they do not contradict the Book of Allah or the Sunnah of His Messenger. Any condition that is not in the Book of Allah is invalid, even if it is a condition. However, if the condition is valid and does not contradict the Book of Allah, it is a binding condition, and Muslims are bound by their conditionsSunan al-Bayhaqi 6:55.
The questioner asks: Is it permissible for a wife to stipulate to her husband that she will reside in a country other than the husband's country for a period exceeding...
The Shaykh:
Is it a condition?
The questioner:
Is it permissible for a wife to stipulate to her husband that she will reside in a country other than the husband's country for a period exceeding five years, and to mention this in the marriage contract?
The Shaykh:
There is nothing wrong with that. Muslims are bound by their conditions. If she stipulates that she will reside in a specific country, whether for permanent or temporary residence, and she has an interest in doing so, then it is obligatory to abide by the condition. Yes.
The questioner:
It is known that it was stated in the chapter on the treatment of wives that a husband may travel with his wife unless she has stipulated otherwise.
The Shaykh:
That is, it does not conflict; it does not conflict with this. Yes.
The questioner:
Is this travel and this condition still in effect and continuing until Allah wills, or is it only after the marriage contract and before consummation? May Allah reward you with good.
The Shaykh:
Muslims are bound by their conditions, in whatever form they may be, provided they do not contradict the Book of Allah or the Sunnah of His Messenger. Any condition that is not in the Book of Allah is invalid, even if it is a condition. However, if the condition is valid and does not contradict the Book of Allah, it is a binding condition, and Muslims are bound by their conditions
Except for a condition that makes the forbidden lawful or the lawful forbidden
إلا شرطا أحل حراما أو حرم حلالا
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/123 شرح زاد المستقنع/ صالح الفوزان — youtube.com (31:38)
The Arabic text is a machine transcription of the audio recording.