Is it allowed for a woman to make a condition upon her husband in a marriage contract that he does not have the right...

[Shehzad Sattar]

Is it allowed for a woman to make a condition upon her husband in a marriage contract that he does not have the right to marry a second wife?
al-Allaamah Muqbil ibn Haadee al-Waadi’ee Rahimahullaah

Question: A questioner asks, is it allowed for a woman to make a condition upon her husband in a marriage contract that he does not have the right to marry a co-wife (to take a second wife), and he agrees to this condition, will this condition take effect or not?

Answer: Yes, Allaah the Most Perfect the Most High says:

"O you who believe, keep to your agreement!”
Sooroh Ma'idah first ayah

And the Prophet ﷺ said:

The condition having the most right that you should keep them of those by which you made the private parts permissible i.e. marriage rights permissible.

Sahih Muslim Chapter 8: Fulfilling of Condition in Marriage Book no. 008, no. 3302


So if he accepts that condition then he must keep to it and if he does not keep to it then he must separate from her, he must separate himself from her. As for the Hadith of Muhammad ﷺ said:

Every condition that is not in the book of Allaah then it is futile, then this is to be taken to refer to other than prescribed and allowable conditions.

Sahih Muslim - The Book of Divorce Book no. 009, Hadith no. 3587


But with regards to this then the Messenger of Allaah ﷺ criticised Ali RadhiAllahu Anhu: When he wanted to marry the daughter of Abu Jahl and he, the Messenger of Allaah ﷺ then he said:

The daughter of Allaah’s Messenger ﷺ and the daughter of Allaah's enemy are not to be united together; i.e. That Fatimah the daughter of the Messenger ﷺ and the daughter of Abu Jahl that they are not to be united together.

Sahih al-Bukhari, Vol. 7, Book 62 (Book of Marriage), Hadith no. 4887


So if he agrees to this condition then he must keep to this condition, and Allaah is the One who aids.

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Taken from What I Witnessed in Saudi Arabia: Q & A session by Muqbil ibn Haadee al-Waadi’ee Rahimahullaah; see www.troid.ca for the publication.

Transcibed by Umm Safura b. As-Sa’adiyyah.