Is it permissible for a wealthy widow with children, who intends to remarry, to stipulate in the marriage contract that her husband not inherit from her, and that the inheritance be limited to her children?
The fundamental principle concerning contracts and conditions is permissibility and validity. Any condition that contravenes Islamic law is null and forbidden. The condition stipulating the deprivation of the husband's inheritance upon the wife's death is a condition that violates Islamic law, as it nullifies the husband's right to his wife's property. The Messenger of Allah (peace be upon him) said: "What is wrong with people who stipulate conditions that are not in the Book of Allah? Whatever condition is not in the Book of Allah, the Mighty and Exalted, is null and void, even if it were a hundred conditions. The Book of Allah is more rightful, and the condition of Allah is more binding." Therefore, unlawful conditions are void, no matter how many there are. Whenever a condition contradicts the law of Allah and His Messenger, it is null and void.
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- Source platform
- Ftawy
- Original fatwa ID
- 5939
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
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