Permissible Conditions Must be Fulfilled
الفئة: Islamic Rulings

Permissible Conditions Must be Fulfilled


Question :

If the wife imposes upon the husband the condition that he will not prevent her from teaching, and he agreed to this condition, and after he agreed, she accepted his proposal of marriage because he had agreed to it. Is he required to support her and her children when she is working? And is it permissible for him to take anything from her salary without her consent? And if the woman is religious, and she does not wish to hear singing and music, but the husband and his family insist upon listening to singing, saying that one who does not listen to singing is unstable, is it allowed for a wife to remain in the house of her family in these circumstances?


Answer:

If a woman imposed a condition on her suitor that he will not prevent her from teaching or studying, and he accepted this, and then married her upon this condition, then it is a correct condition and he may not prevent her from doing so after he takes up residence with her. This is based upon the words of the Prophet :
"Verily, the condition having most right to be fulfilled is one by which you make the private parts (of the spouse) permissible."

If he prevents her, she is free to choose: If she wishes, she may stay with him and if she wishes, she may request that the legal Judge annuls the marriage.

As for the husband and his family's listening to singing and music, that does not annul the marriage. But she must advise them and inform them that it is forbidden, and she must not attend these detested gatherings with them, as the Prophet said:
"The religion is giving advice."

And he said:
"If any of you sees an evil, he should change it by his hand; if he is unable to do so, then by his tongue; if he is unable to do (even) this, then he should hate it in his heart; this is the weakest form of faith."

The Verses and Hadiths on this subject are numerous. It is a duty upon the husband to support her and her children, and he has no right to take anything from her salary, except with her permission and agreement, and she may not go out to her family's house or any other place without his permission. And Allah is the Granter of success.


Source:
Ibn Baz
Fatawa Islamiyah, Vol. 5 Pages 263-264

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الفئة: Islamic Rulings
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