A woman requesting that a man may not engage in polygamy as part of her marriage contract. Is this condition acceptable according to Sharia?

Answered according to Hanafi Fiqh by Askimam.org

Assallamu allaikkum warahmatullah wabarakathu dear elders. I humbly request your opinions on a matter that has come up regarding polygamy in Islam. In Malaysia, women now have the right to include a no-polygamy clause in their marriage contracts. This news is reported in the following link: http://www.ummahnews.com/viewarticle.php?sid=1107 This is to ensure that men cannot engage in something that Allah has decreed halal in the Quran. However, the argument used by the Malaysian ?liberal Muslims? is that our Noble Master, Rasulullah sallaho alaihiwasallam?s great grand daughter Sakina Husein had several conditions in her marriage contract, one of which was her husband does not have the right to take another wife. I would urge the elders to read the article in its entirety given in the link above and to kindly comment on it on the basis of the Hanafi and Shafi Maddahhib. Jazakallah khair. May Allah save us from this fitnah where Man decrees what is Halal and Haram for himself and may Allah provide this Ummah with able scholars who?s only agenda is to seek the pleasure of Allah Subhanawata?ala.

Answer

Allah has decreed polygamy permissible in Surah Nisaa Aayat3.

Hereunder are the views of the four Madhaahib to your queries pertaining to putting conditions in a Nikah:

a) Imaam Ahmad ibn Hanbaliy (RA) ? If the wife puts conditions in the Nikah, the husband must fulfil them, otherwise the wife has a right to divorce herself if the husband goes against those conditions. (Dars Taqreer Tirmidhi vol.3 pg.412)

b) Imaam Maalik (RA) ? the conditions will not be effective and it is Makrooh to make such a conditions. (Ibid)

c) Imaam Shaafi?ee (RA) ? The Nikah will be valid but the condition will be invalid. (Fiqh alaa Madhaahib arbaa vol.4 pg.85)

d) Imaam Abu Hanifa (RA) ? it is compulsory upon the husband to fulfil the conditions.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

Source

Facebooktwitterpinteresttumblrmail
Sidebar