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Can the wife demand a separate home after her prior agreement to live with the husband's mother, and what is the ruling on the husband's breaking the condition of not marrying another if the wife demands this right?

1 min readAlso available in العربية

A wife has the right to independent housing, and her husband's family should not live with her unless she agrees. However, this is waived if the husband stipulated it at the time of the marriage contract.

If the wife stipulates at the time of the contract that the husband should not marry another woman, this condition is valid, and the husband is obliged to fulfill it. If he does not fulfill it, she has the right to annul the marriage.

If the wife is harmed by living with the husband's family, and the husband is able to provide independent housing, he is obligated to do so. He also cannot retract her condition that he not marry another woman. However, if she is not harmed, he is not obligated to fulfill her request, and he may condition it upon her waiving her stipulation that he not marry another woman.

Scholars differ on the ruling concerning the husband's failure to fulfill conditions. The majority hold that it is recommended (to fulfill them), while others maintain that it is obligatory.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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