Is it permissible for a girl to stipulate in marriage that obedience is not obligatory for her, and that matters between them be settled by mutual understanding and consent, without harm to either party?
If a woman stipulates, at the time of the marriage contract or before it, that she will not obey her husband, this condition is void, but the contract remains valid. This is because such a condition contradicts the husband's guardianship (qawamah) and the wife's obligation to obey him in what is right and proper. This is based on Allah's saying: ﴿Men are the protectors and maintainers of women, because Allah has made some of them to excel others, and because they spend (on them) from their means﴾ [An-Nisa: 34], and on the Prophet's (peace be upon him) saying: "If I were to command anyone to prostrate to anyone, I would have commanded a woman to prostrate to her husband." However, if she stipulates that matters between them should be based on mutual understanding, consent, and without harm, then this condition is valid, as it does not contradict the contract; rather, it is among its requirements and objectives.
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- Ftawy
- Original fatwa ID
- 171797
- Imported
- Translation status
- Source text, unreviewed
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