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The question

What is the ruling on accepting the conditions of the wife's family, including not having two wives in the same dwelling and the wife's right to divorce in case of harm, and is it permissible to record these in the marriage contract?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The situation of a divorced wife is one of two: 1. She is still within her waiting period (iddah): You have the right to take her back without any restriction or condition, and her family is not permitted to prevent you, based on the Almighty's saying: "And their husbands have more right to take them back in that [period]" (Al-Baqarah: 228). This is the consensus of scholars as long as the iddah has not expired. 2. Her iddah has expired, or the divorce was an irrevocable lesser divorce (first or second): It is permissible to marry her with a new contract and new permissible conditions.

As for the conditions: The first condition (an independent dwelling): It is permissible to stipulate this condition as it conforms to the objectives of Sharia, and the wife has the right to an independent dwelling. It is not permissible to house two wives in one dwelling unless both consent. The second condition (her right to divorce herself upon harm): It is permissible to stipulate this condition in general. If harm is proven to the woman, she has the option to divorce herself, as the Prophet (peace be upon him) said: "There should be neither harming nor reciprocating harm." Severe harm permits seeking divorce even for a single instance, whereas minor harm requires repetition.

The decision to accept or reject these conditions rests with you. It is recommended to perform Istikhara (prayer for guidance) and seek consultation.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
107149
Imported
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Source text, unreviewed
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