Ruling on a woman stipulating that her husband not take another wife
Machine translationRead the Arabic original
Question:
Is it permissible for a young woman to stipulate to her suitor that he not take another wife absolutely, or at least that he not take another wife without a valid reason?
Answer:
The scholars have stated that she has this right; she may stipulate that he not marry another woman over her. If he marries another over her, she has the option. It is not forbidden for him to marry, but she has her stipulation. The Prophet (peace and blessings be upon him) said: And he (peace and blessings be upon him) said: Bulugh al-Maram 8:32.
And 'Umar (may Allah be pleased with him) said: The rights are cut off at the stipulations. So if she stipulates that he not marry another over her, she has her stipulation. If he endures it and adheres to it, she is his wife. If he refuses and wants to marry, she has the option: if she wishes, she remains, otherwise her marriage is annulled from him in accordance with the stipulation.
Question : Is the stipulation not prescribed because it contradicts the permissibility that Islam allows?
Answer: It is what she has forbidden for him; she does not want him to marry another over her. So if he wishes, he accepts, and if he wishes, he rejects that and leaves that.
Question : Meaning, it is as if she...
Answer: No, it does not contradict the hadithSunan Ibn Majah 2521Sahih (Darussalam) This is her right if she requests it; so she has that. And he has the choice: if he wishes, he accepts, and if he wishes, he leaves it. He is not obligated to do so, even after the contract.
Is it permissible for a young woman to stipulate to her suitor that he not take another wife absolutely, or at least that he not take another wife without a valid reason?
Answer:
The scholars have stated that she has this right; she may stipulate that he not marry another woman over her. If he marries another over her, she has the option. It is not forbidden for him to marry, but she has her stipulation. The Prophet (peace and blessings be upon him) said:
Muslims are bound by their conditions
المسلمون على شروطهمThe most worthy conditions to be fulfilled are those by which you make sexual intercourse lawful for yourselves (in marriage).
إن أحق الشروط أن يوفى به ما استحللتم به الفروجAnd 'Umar (may Allah be pleased with him) said: The rights are cut off at the stipulations. So if she stipulates that he not marry another over her, she has her stipulation. If he endures it and adheres to it, she is his wife. If he refuses and wants to marry, she has the option: if she wishes, she remains, otherwise her marriage is annulled from him in accordance with the stipulation.
Question : Is the stipulation not prescribed because it contradicts the permissibility that Islam allows?
Answer: It is what she has forbidden for him; she does not want him to marry another over her. So if he wishes, he accepts, and if he wishes, he rejects that and leaves that.
Question : Meaning, it is as if she...
Answer: No, it does not contradict the hadith
Every conditions that is not in the Book of Allah (SWT) is invalid
كل شرط ليس في كتاب فهو باطل
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.