What is the ruling of Islamic law regarding a dispute between spouses due to their disagreement on the conditions for establishing the marriage, given that the wife wants to annul the contract if her conditions are not met, and the husband has not yet consummated the marriage?
If a woman commits adultery willingly, it is not permissible to marry her unless she repents and gives birth to her child. This is because marriage to an adulteress is invalid before her repentance, based on the Almighty's saying: {The adulterer does not marry except an adulteress or a polytheist, and that has been forbidden to the believers} (Quran 24:3). If a marriage contract is made with her before her repentance, the marriage is invalid. However, if she repents or was forced into adultery, the marriage contract with her – even while pregnant – is valid according to the Shafi'i and Hanafi schools, but it is not permissible to have intercourse with her until she gives birth, based on the Prophet's (PBUH) saying: "A pregnant woman should not be had intercourse with until she gives birth." On the other hand, the Maliki and Hanbali schools hold that the contract is not valid before she gives birth. As for holding a wedding celebration in a wedding hall or bringing a female singer, it is a violation of the contract's conditions if the condition was to limit it to a family celebration. It is also forbidden if the Islamic regulations are not observed, such as men not hearing her voice, the lyrics being permissible, and the absence of forbidden musical instruments.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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