Is it permissible for a woman to seek compensation from her husband for not fulfilling his promise to quit smoking before marriage, and is she entitled to not remain in this marriage after discovering that he deceived her?
The enquirer's expression of approval for marriage on the condition that the husband quits smoking is a good thing. Smoking is forbidden and harmful. However, we are surprised by the length of her patience—five years—after discovering he did not quit, which indicates her contentment or indifference. Conditions agreed upon before marriage grant a woman the option to annul the contract if the husband violates them. But if the woman endures this long period after knowing of the husband's violation, her condition lapses, and she no longer has the right to annul the contract. The husband must fear Allah and quit smoking, and he must fulfill his promise, for the conditions most worthy of fulfillment are those by which intimacy is made lawful.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 6430
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy