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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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A man married a woman, and they stipulated a condition on him before the contract, which was that she would study after the marriage. After he married her, the husband refused to let her study. Is there any ruling regarding his refusal?

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The questioner : The honorable Shaykh saysThe questioner : May Allah preserve you. A man married a woman, and they stipulated a condition on him before the contract, which was that she would study after the marriage. After he married her, the husband refused to let her study. Is there any ruling regarding his refusal? Knowing that the wife wants to study according to the condition made before the contract, and is it permissible for her to annul the contract? Please give us a ruling, and may Allah reward you?

The Shaykh : If they stipulated to the husband that he allow his wife to teach or to study, and he accepted that, then the condition is binding and fulfilling it is obligatory. It is established from the Prophet (peace and blessings be upon him) that he said:
The condition worthier to be fulfilled by you is the one by which you made the private parts (of your wife) lawful (for you). إن أحق الشروط أن توفوا به ما استحللتم به الفروج
Sunan Abi Dawud 2139Sahih (Al-Albani)
And if it is obligatory for a person to fulfill a condition stipulated in a contract of sale, lease, or pledge, then a condition in a marriage contract is even more deserving of being fulfilled. If the husband does not fulfill it and says, "I will not allow her to teach" or "I will not allow her to study," then he is sinful for that. The wife has the right to annul the marriage from this husband. She goes to the judge and says, "This is the condition between us, and the man now does not allow me to teach or study, or he harasses me until I give it up, and I want the annulment." At that time, we tell you that you have the right to annul the marriage from this husband who betrayed and did not fulfill what he pledged to do. May Allah reward you.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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