Is a husband entitled to annul the marriage and reclaim the mahr if he stipulated a specific service from his wife and she failed to adhere to it?
The condition set by one of the spouses for a characteristic or stipulation in the marriage contract is a matter of scholarly disagreement. The majority of scholars invalidate such conditions, whereas the Hanbalis consider them valid and grant the one who stipulated the condition the right to annul the contract if the condition is not fulfilled.
If the husband's right to annulment is established before consummation, he is not obligated to pay any of the mahr (dowry). If he annuls the contract after consummation, the mahr is established for the wife, and the husband can claim the mahr back from the one who deceived him.
Marital service is obligatory upon the wife according to what is customary, and there is no need to stipulate it in the contract. Failure to fulfill this condition does not result in the annulment of the marriage or the reclaiming of the mahr.
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- Source platform
- Ftawy
- Original fatwa ID
- 192162
- Imported
- Translation status
- Source text, unreviewed
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