Are marital rights more important than conditions, or are conditions more important than marital rights?
Rights are obligatory by the origin of Islamic law and by the implication of the contract, whereas fulfilling conditions is a matter of scholarly disagreement. The rights of spouses have been previously clarified. The principle is that conditions which benefit the stipulating party and do not contradict the implication of the contract should be fulfilled. If rights and conditions conflict, rights take precedence. A woman's work is permissible within the regulations of Islamic law and with her husband's permission. If she stipulated working before marriage and the husband refused, he has the right to refuse. A marriage built upon religion and good character avoids disputes.
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- Ftawy
- Original fatwa ID
- 138495
- Imported
- Translation status
- Source text, unreviewed
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