The ruling on stipulating the absence of financial maintenance in the marriage contract
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh.
The Shaykh:
The question.
The questioner:
Is it valid for a man to stipulate in the marriage contract that the woman has no right to financial maintenance from him?
The Shaykh:
Yes, this condition is valid because this is her right. This is her right. If he stipulates that she has no right to maintenance and she says, "No, I am satisfied," or if he says, "I will give you a portion of the nights, and you are satisfied with this," this is her right. This is her right. And the *musyar* marriage does not stop at these matters. The *musyar* marriage involves the loss of the woman and her exit from the husband's responsibility. He has no authority over her at all. And where do the children go? They are not under the husband's care, nor under the woman's care; they are lost. And in the *musyar* marriage, there is only one thing, which is satisfying the desire. And this is a loss for the marriage, a loss for the children, and a loss for the women. The man becomes of no value except that he satisfies his desire and the woman's desire only. This is what the benefits of marriage and the returns of marriage are not established upon.
Honorable Shaykh.
The Shaykh:
The question.
The questioner:
Is it valid for a man to stipulate in the marriage contract that the woman has no right to financial maintenance from him?
The Shaykh:
Yes, this condition is valid because this is her right. This is her right. If he stipulates that she has no right to maintenance and she says, "No, I am satisfied," or if he says, "I will give you a portion of the nights, and you are satisfied with this," this is her right. This is her right. And the *musyar* marriage does not stop at these matters. The *musyar* marriage involves the loss of the woman and her exit from the husband's responsibility. He has no authority over her at all. And where do the children go? They are not under the husband's care, nor under the woman's care; they are lost. And in the *musyar* marriage, there is only one thing, which is satisfying the desire. And this is a loss for the marriage, a loss for the children, and a loss for the women. The man becomes of no value except that he satisfies his desire and the woman's desire only. This is what the benefits of marriage and the returns of marriage are not established upon.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، باب النفقات — islamhouse.com (44:32)
The Arabic text is a machine transcription of the audio recording.