The Ruling on Fulfilling the Conditions Stipulated in the Marriage Contract
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If a husband agrees to one of the conditions and does not fulfill it after a period of time due to specific circumstances, what is the ruling?
If the husband stipulates a condition for himself, or agrees to a condition stipulated by the wife or her guardian, then if he does not fulfill it, the wife has the right to annul the marriage.Meaning: She has the right to annul the marriage.
The questioner: If he does not fulfill it due to specific circumstances?The Shaykh: Unless, at the time of the stipulation, he said: Yes.
I commit to this, provided that such and such does not happen; in that case, he is bound by what was stipulated.As for if he says: If I commit to it absolutely, then he is bound by it; otherwise, she has the right to annul the marriage. When this occurred in the time of 'Umar ibn al-Khattab (may Allah be pleased with him), they said: O Commander of the Faithful, in that case, they will divorce us.He said (may Allah be pleased with him): [Cutting off rights at the conditions] Whoever stipulates a condition for himself has the most right to it, but in this case, the husband may ask the woman to relinquish it, even for compensation.
The questioner: If he prevents her from going to work because of the presence of children and the loss of their rights and his rights due to going to work?The Shaykh: If she stipulated that he must work, he has no right to prevent her from working; but there is no doubt that if a woman has children, it is more beneficial for her and her children for her to remain in her home. In this case, he should persuade her and explain to her that this is better, and that going to work for compensation is a waste of her home and a waste of her children. If she is persuaded, even with compensation he gives her, that is better. If she does not do so, she remains bound by her condition, unless he stipulated that he must allow her to teach or work on the condition that no children come to distract her. If he mentioned that, then he has the right to prevent her at that time.
If the husband stipulates a condition for himself, or agrees to a condition stipulated by the wife or her guardian, then if he does not fulfill it, the wife has the right to annul the marriage.Meaning: She has the right to annul the marriage.
The questioner: If he does not fulfill it due to specific circumstances?The Shaykh: Unless, at the time of the stipulation, he said: Yes.
I commit to this, provided that such and such does not happen; in that case, he is bound by what was stipulated.As for if he says: If I commit to it absolutely, then he is bound by it; otherwise, she has the right to annul the marriage. When this occurred in the time of 'Umar ibn al-Khattab (may Allah be pleased with him), they said: O Commander of the Faithful, in that case, they will divorce us.He said (may Allah be pleased with him): [Cutting off rights at the conditions] Whoever stipulates a condition for himself has the most right to it, but in this case, the husband may ask the woman to relinquish it, even for compensation.
The questioner: If he prevents her from going to work because of the presence of children and the loss of their rights and his rights due to going to work?The Shaykh: If she stipulated that he must work, he has no right to prevent her from working; but there is no doubt that if a woman has children, it is more beneficial for her and her children for her to remain in her home. In this case, he should persuade her and explain to her that this is better, and that going to work for compensation is a waste of her home and a waste of her children. If she is persuaded, even with compensation he gives her, that is better. If she does not do so, she remains bound by her condition, unless he stipulated that he must allow her to teach or work on the condition that no children come to distract her. If he mentioned that, then he has the right to prevent her at that time.