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Is a condition in the marriage contract nullified if the husband permits his wife to do something that was part of it, such as if he stipulated that she not work and then allowed her to do so, and is he entitled to prevent her from it after that?

2 min readAlso available in العربية

Marital rights are of two types: rights established by contract, and rights established by condition. The general rule for personal rights established by contract is that they are relinquishable. However, exceptions include rights that the Islamic law has made an inherent characteristic of the person (such as qawamah - guardianship/leadership - for the man), or rights that are renewed day by day (such as maintenance, housing, and enjoyment). If the wife waives her right to maintenance, it is only waived for the day she waived it, and she has the right to demand it in the future. However, if the spouses agree at the time of the contract to waive a right that is relinquishable, or if a reconciliation is made on that basis, then it is obligatory to fulfill it and it is not permissible to retract it.

Regarding a woman's work outside the home: her devotion to her husband's and children's affairs and her staying in her home is a right established for the man by virtue of the contract, and she should not go out without his permission. If the work does not necessitate her leaving the house and does not lead to her falling short in her husband's rights, then his permission is not required. The husband's condition that his wife not work outside the home is an affirmation of his right established by the contract. He can permit her to work and then retract this permission whenever he wishes, because it is a renewed right. His permission for the past and present is waived, but regarding the future, he has the right to retract his permission for her to work.

An exception to this is if the wife stipulated working at the time of the contract and the husband agreed to it, then he is obligated to fulfill what was stipulated upon him.

The husband must not abuse this right with the intention of harming or inconveniencing the woman, for this is forbidden by Islamic law.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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