Back to search
The question

Is it permissible to choose a system of partnership in ownership between spouses when concluding the marriage contract in Tunisia, and is this condition considered invalid and nullifying to the marriage, and what should a young man do if he chooses it?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The condition mentioned regarding the ownership of all earnings between spouses is a void condition because it contains gharar (excessive uncertainty) and involves consuming wealth unlawfully. It differs from a permissible partnership contract. However, the marriage itself is valid due to the invalidity of the condition. If the condition affects the mahr (dowry), the condition is nullified, and the mahr reverts to a mahr al-mithl (a customary dowry) unless they both agree otherwise. If there is a legal issue preventing the change, the spouses must agree to cancel the condition.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
5935
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy