The ruling on a marriage without consummation to establish mahram status

Question:
The questioner says: A woman’s husband has passed away, and she does not wish to marry yet. Her late husband’s brother has proposed to her for marriage because she is in a foreign land and has no mahram, and it is in the interest of the children. She stipulated that he should marry her by signing the contract only, without entering into conjugal relations with her, so that he would be a mahram for her only, and he could attend to the affairs of his brother’s children without any hesitation about entering the house. The brother agreed to this marriage. Is this permissible?

Answer:
The condition is invalid. This means a condition that negates the essence of the contract. If a condition contradicts or is incompatible with the essence of the contract, it is an invalid condition. The primary purpose of marriage is enjoyment and intercourse, the matters of intercourse, because this is a necessity of life. This also provides protection from falling into lewd acts, so it is better for both parties. How can she stipulate that he not approach her, that he be content with the contract alone, and that the intention is only for mahram status? Yes.