View Full Version : Nikah Contract Question from Sheikh Yasir Birjas?
07-18-2007, 09:48 AM
What conditions a WOMAN can have on her Nikah Contract?
07-24-2007, 05:17 PM
There are three kinds of conditions people usually add to their contracts.
First: Conditions which are already stipulated by Shari'ah. Such as maintain regular Salat. This is stipulated only as an enforcement and reminder to the contracting party.
Second: Conditions which contradict with a law of Shari'ah. Such as stipulating what leads to cut family bonds. Ex. 'He is not permitted to bring his mom to my place kinda thing'.
These conditions are haram and null.
Third: Conditions which do NOT make halal haram and haram halal. Such as stipulating a specific town to live in, not to marry a second wife (she is not saying it's haram, but that is her personal request).
Imam Abu Haneefa, Malik, Shafi'ee do not consider them binding (with some marginal differences amongst them).
Imam Ahmad considers them binding conditions and aught to be honored and fulfilled.
As a personal advice...the Sunnah of the Prophet salla Allahu alayhi wa sallam is to make things easy. So do not stipulate what might turn things sour, or cause any hard feelings at the beginning of a supposedly loving relationship.
07-25-2007, 06:53 AM
السلام عليكم ورحمة الله وبركاته
Jazak Allahu Khairann Katheera!
May Allah give you success in this life and hereafter and provide you enough strength to complete your mission..
Ameeen Ya Rabbil Aalameen!
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