Is the specific condition privately agreed upon by the spouses, without the guardian's knowledge or its inclusion in the contract or mention before witnesses, considered a valid condition that permits the wife to seek annulment if the husband violates it?
If a woman stipulates a condition to her suitor at the time of the marriage contract or before it, and the condition does not contradict Islamic law, then it is valid and must be fulfilled. She has the right to annul the marriage if the husband does not fulfill the condition. It is preferable to inform witnesses of the condition to document it and guarantee rights. Conditions in marriage are divided into three categories:
1. Conditions that must be fulfilled: These are conditions whose benefit and advantage accrue to the woman, such as her stipulating that he not make her leave her home or that he not marry another woman while married to her. 2. Conditions that invalidate the condition but validate the contract: Such as her stipulating that she will not receive a mahr (dowry) or that he will not spend on her; these conditions are invalid because they contradict the essence of the contract, but the contract itself remains valid. It is forbidden for a woman to stipulate the divorce of her co-wife. 3. Conditions that invalidate the marriage from its origin: Such as stipulating a time limit for the marriage (temporary marriage or mut'ah marriage), or making the marriage contingent on a condition, or stipulating the option to annul it.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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