Fatwa #642521 August 2002United States of America
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??
Answer
In principle, to stipulate conditions prior to the Nikah will be permissible%0D%0Aas long as the conditions comply with the Shari'ah. If such conditions are%0D%0Astipulated whereby there is abuse of the rights of any of the spouses, then%0D%0Asuch a condition is null and void.%0D%0A%0D%0AIn the abovementioned case, three conditions were stipulated. The second%0D%0Aconditions falls within the limits of the Shari'ah. Since it is the sole%0D%0Aresponsibility of the husband to fulfil the expenses of the wife, he alone%0D%0Ais responsible. However, in this case, the wife on her own is giving up her%0D%0Aright happily. If the husband agrees, there is nothing wrong. The first and%0D%0Athird condition is in reality one condition. It is the right of the husband%0D%0Ato spend the night with his wife. In this case, the husband has happily%0D%0Aagreed to forgo his right. Therefore, briefly the Nikah will be valid since%0D%0Aboth parties have happily agreed to these conditions and are prepared to%0D%0Aforgo their rights. (Fataawa Mahmoodiyah vol.13 pg.232, 305)%0D%0A%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0AMufti Ebrahim Desai