Is it permissible for the wife to stipulate to her husband, in writing, an agreement in court that he will not marry another woman, and that in case of violation, he will pay a financial penalty determined by the wife, as an additional condition after the marriage, knowing that she has been married for four months and the husband agrees to this condition?
A paper written by the husband committing not to marry another woman or to pay a sum of money to his wife if he does marry has no effect, as the condition did not precede or accompany the marriage contract, and a promise of money is not binding according to the majority of scholars. It is permissible for the wife to take the money with the husband's consent, but taking it against his will is considered consuming wealth unjustly, based on the Almighty's saying: "And do not consume your properties among yourselves unjustly," and the Prophet's (peace be upon him) saying: "Every Muslim's blood, wealth, and honor are sacred to another Muslim." A second marriage is not a crime that warrants punishment nor a harm that deserves financial compensation.
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- 107989
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