Is it permissible to marry a woman with the intention of helping her, not cohabiting with her, provided that she is deprived of inheritance and that she only receives the husband's government pension after his death, knowing that there are other heirs and that a separate residence is prepared for the wife and her orphans?
A man who has no desire for women may marry for the purpose of kindness (ihsan), provided the wife is aware of this. He must also fulfill her sexual needs if she desires intercourse and he is capable. As for the condition of not engaging in intercourse, the marriage contract is valid, but the condition is void according to the Hanafis and Hanbalis. However, it is valid according to the Shafi'is if the husband is the one who stipulated it.
It is not permissible to stipulate that the wife waive her right to inheritance, as this condition is void for contradicting the limits set by Allah. Furthermore, waiving a right before it is established is not legally recognized. Inheritance is established immediately upon the husband's death. A wife's waiver of inheritance is only valid after the husband's death and after her share has become her property; at that point, she has the right to donate it.
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- Original fatwa ID
- 5033
- Imported
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