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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?

Answered as per Hanafi Fiqh by Askimam.org

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??

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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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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