Can a Christian wife who is about to embrace Islam stipulate in the marriage contract with her husband—who will also embrace Islam—that he not marry another, and is this condition valid after their conversion to Islam?
Answer Summary:
If both spouses embrace Islam simultaneously, or if the husband embraces Islam before the wife's waiting period () expires, the original marriage contract remains valid. In this case, it is not permissible for the wife to stipulate that her husband should not marry another, because the valid conditions are those that are stipulated at the time of the initial marriage contract.
However, if the wife embraces Islam before her husband, and her waiting period (iddah) expires before he embraces Islam, the marriage contract is annulled. If the husband then embraces Islam after that, a new marriage contract is necessary between them according to the majority of scholars. In this situation, the wife may stipulate that her husband does not marry another.
Conditions added to the contract after its conclusion are not binding on either party. The woman should hasten to embrace Islam and not let her husband's potential marriage to another be an impediment. She should also have good faith in Allah Almighty.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/5196
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 5196
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy