What is the view of the Hanafis and Shafi'is regarding the wife stipulating conditions in the marriage contract that contravene Islamic law, such as preventing the husband from marrying another woman? And what is the view of the Hanafis regarding usurious transactions in non-Muslim lands?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
The Maliki and Shafi'i madhhabs hold that a wife's condition to her husband that he not marry another woman is invalid and void, but it does not invalidate the marriage contract.
As for the Hanbali madhhab, it holds that this condition is binding and must be fulfilled. If the husband does not fulfill it, the wife has the right to annul the marriage. This is based on the Prophet's (peace be upon him) saying: "The conditions most worthy of fulfillment are those by which you make intimate relations lawful."
Summarized from the full answer at Ftawy · imported
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- 130462
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