Stipulating in the marriage contract that the husband-to-be does not marry a second wife!
29 May 2023 • 2.2K views
Some of the scholars have said that it's allowed to impose this condition, because the Prophet ﷺ said in the hadeeth of 'Uqbah ibn 'Aamir radhiyallahu anhu:
((أَحَقُّ الشُّرُوطِ أَنْ تُوفُوا بِهِ مَا اسْتَحْلَلْتُمْ بِهِ الْفُرُوجَ)).
“The conditions which have the most right to be fulfilled are the conditions which make it legal for one to have sexual relations (i.e. the marriage contract).” [Sahih al-Bukhari, 2721]
Whereas others have said that it's not allowed, based on the statement of the Prophet ﷺ in the hadeeth of 'Aishah radhiyallahu anha:
((مَا بَالُ رِجَالٍ يَشْتَرِطُونَ شُرُوطًا لَيْسَتْ فِي كِتَابِ اللَّهِ، مَا كَانَ مِنْ شَرْطٍ لَيْسَ فِي كِتَابِ اللَّهِ فَهُوَ بَاطِلٌ وَإِنْ كَانَ مِائَةَ شَرْطٍ))
“What is wrong with those people who impose conditions which are not in Allah's Book? Any condition that is not in Allah's Book is invalid even if they were one hundred conditions.” [Sahih al-Bukhari, 2168]
They explained that this condition goes against the Book of Allah, which contains the following:
{فَٱنكِحُوا۟ مَا طَابَ لَكُم مِّنَ ٱلنِّسَاۤءِ مَثۡنَىٰ وَثُلَـٰثَ وَرُبَـٰعَ}
“Marry (other) women of your choice, two or three, or four” [Surah An-Nisāʾ: 3]
{لِمَ تُحَرِّمُ مَاۤ أَحَلَّ ٱللَّهُ لَكَۖ تَبۡتَغِی مَرۡضَاتَ أَزۡوَ ٰجِكَ}
“Why do you prohibit ˹yourself˺ from what Allah has made lawful to you, seeking to please your wives?”
[Surah At-Taḥrīm: 1]
Personally speaking, I believe the latter verdict (impermissibility) holds more weight than the former (permissibility). Whatever the case, the following points made by Abu Ibrahim Fahad Al-Keenyi hafidhahullah are undeniable.
He said hafidhahullah:
“I wanted to point out that stipulating upon a man (in the marriage contract) that he cannot marry again, does not really benefit in the way some sisters may think it does. In fact it has a negative effect.
1⃣. If a man fears for himself that he will fall into harām, then it becomes obligatory upon him to marry again and this takes precedence over a stipulation which the scholars differ on whether it should be upheld or not in the first place.
2⃣. This stipulation does not actually prevent a man from marrying again, however, what it does is allow the woman to leave the marriage if she wishes, and in this day and age, especially in the West, if a woman decides to leave a marriage, is there anyone who can stop her? If not, then what's the need for setting this stipulation in the first place?!
3⃣. Many sisters look for a strong, masculine man who is a leader. What she doesn't realise is that she is emasculating this man by setting this stipulation before he even begins his marriage life. Even if the man does not intend to marry again, the woman has shown him that he is limited even within his rights given to him by Allah. So the man goes into the marriage with the mindset that he is not the one leading in this marriage.”
Source:
https://t.me/branchofilm/75