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What is the religious ruling on the marriage of a man who is frequently absent from home due to work, to a woman who stipulates living with his family only in his presence, and refuses to do so in his absence?

1 min readAlso available in العربية

Conditions in marriage are divided into three categories:

- What must be fulfilled, because it is among the requirements and objectives of marriage, such as maintenance (nafaqa). - What is forbidden to fulfill due to its contradiction with the essence of the contract, such as the wife stipulating that he should not divide his time equally with her co-wife. - What is disputed, such as stipulating that he should not marry another woman, or that he should not move her from her home to his.

The majority opinion regarding the last category is that it is recommended to fulfill it but not obligatory, while the Hanbalis hold that every condition that benefits the woman must be fulfilled for her. Their proof for this is the hadith: "The conditions most worthy of fulfillment are those by which you make intimate relations lawful."

Accordingly, the mentioned condition is permissible, and it is recommended to fulfill it according to the majority opinion, and it is obligatory to fulfill it according to the Hanbali school, which is the more cautious approach.

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

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