Is it permissible for a woman to stipulate to her husband that he not take her out of her country or that she reside in a separate house?
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The questioner : May Allah reward you. This sister caller is with us on the line, and she says: A committed young man has proposed to a girl, and the girl stipulated to this young man that his residence be in her city. Is such a condition permissible, O Shaykh?
The Shaykh : It is permissible for a woman to stipulate to her husband that he not take her out of her home, or that he not take her out of her country, or that he not make her reside with his family. If he commits to this, then fulfilling it is obligatory, due to the saying of Allah, Blessed and Exalted is He:[Al-Ma'idah 5:1]. The command to fulfill contracts is a command to fulfill the original contract and the permissible conditions attached to it. And Allah the Exalted said: [Al-Isra 17:34], and the conditions that occur between contracting parties are among the covenants. And the Prophet (peace and blessings be upon him) said: "The Muslims are bound by their conditions" Sunan al-Bayhaqi 6:55.
The Prophet (peace and blessings be upon him) said:Sunan Abi Dawud 2139Sahih (Al-Albani). So if a woman stipulates to her husband that he not take her out of her country, the condition is valid and binding. And if he attempts to take her out, she has the choice between dissolving the contract or remaining with him.
The questioner : What is the greatest?
The Shaykh : If he attempts to take her out and restricts her, except that she leaves.
The questioner : May Allah reward you, if he said.
The Shaykh : How can the marriage be dissolved when divorce is in the hands of men? We said, as is narrated from 'Umar (may Allah be pleased with him): "The sections of rights are at the conditions." So as long as you committed to this condition for her by your own choice, without coercion, then the right is hers if you do not fulfill the condition. Yes.
The presenter : May Allah reward you, and thank you to the sister questioner.
The Shaykh : It is permissible for a woman to stipulate to her husband that he not take her out of her home, or that he not take her out of her country, or that he not make her reside with his family. If he commits to this, then fulfilling it is obligatory, due to the saying of Allah, Blessed and Exalted is He:
O you who have believed, fulfill [all] contracts.
يَا أَيُّهَا الَّذِينَ آمَنُوا أَوْفُوا بِالْعُقُودِAnd fulfill [every] commitment. Indeed, the commitment is ever [that about which one will be] questioned.
وَأَوْفُوا بِالْعَهْدِ إِنَّ الْعَهْدَ كَانَ مَسْئُولًاExcept for a condition that makes the forbidden lawful or the lawful forbidden
إلا شرطا أحل حراما أو حرم حلالاThe Prophet (peace and blessings be upon him) said:
(ﷺ) as saying “The condition worthier to be fulfilled by you is the one by which you made the private parts (of your wife) lawful (for you).
صلى الله عليه وسلم إن أحق الشروط أن توفوا به ما استحللتم به الفروجThe questioner : What is the greatest?
The Shaykh : If he attempts to take her out and restricts her, except that she leaves.
The questioner : May Allah reward you, if he said.
The Shaykh : How can the marriage be dissolved when divorce is in the hands of men? We said, as is narrated from 'Umar (may Allah be pleased with him): "The sections of rights are at the conditions." So as long as you committed to this condition for her by your own choice, without coercion, then the right is hers if you do not fulfill the condition. Yes.
The presenter : May Allah reward you, and thank you to the sister questioner.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 1954- هل يجوز للمرأة ان تشترط على الزوج ان لا يخرجها من بلدها او تسكن في بيت منفصل — youtube.com
The Arabic text is a machine transcription of the audio recording.