A friend of mine is about to get married to lady who has 4 children from previous marriages. She has put some conditions...is this marriage valid??

Question

A friend of mine is about to get married to lady who has 4 children from previous marriages. She has put some conditions. a. She does not expect him to spend more that one or two nights with her a week. b. She does not want him to support her financiallly as she is reasonably rich. c. She does not want to have immediately children as she is doing her PhD. He has agreed to this, but is this marriage valid??

Mufti Ebrahim Desai · Accepted Answer

In principle, to stipulate conditions prior to the Nikah will be permissible as long as the conditions comply with the Shari'ah. If such conditions are stipulated whereby there is abuse of the rights of any of the spouses, then such a condition is null and void.

In the abovementioned case, three conditions were stipulated. The second conditions falls within the limits of the Shari'ah. Since it is the sole responsibility of the husband to fulfil the expenses of the wife, he alone is responsible. However, in this case, the wife on her own is giving up her right happily. If the husband agrees, there is nothing wrong. The first and third condition is in reality one condition. It is the right of the husband to spend the night with his wife. In this case, the husband has happily agreed to forgo his right. Therefore, briefly the Nikah will be valid since both parties have happily agreed to these conditions and are prepared to forgo their rights. (Fataawa Mahmoodiyah vol.13 pg.232, 305)

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

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