Is the wife Islamically entitled to back out of selling her land for a previously agreed-upon surgery after her father shirked his responsibility to pay the costs, and is her action considered a breach of covenant that permits divorce?
Spouses must fulfill the conditions they stipulated in the marriage contract as long as they do not contradict Islamic law, for the Messenger of Allah, peace and blessings be upon him, said: "The conditions most worthy of fulfillment are those by which you make intimacy lawful." Scholars have differed regarding the obligation to fulfill these conditions. Many of them held it to be recommendable, while some considered it obligatory. The preponderant opinion is that fulfilling these conditions is obligatory.
The wife is obliged to fulfill the agreement to undergo surgery unless it causes her harm. The husband is advised to retain his wife, fear Allah concerning her, and excuse her, as the fulfillment of these conditions is a matter of well-known scholarly disagreement, and most scholars are of the opinion that fulfilling them is not obligatory. The husband may marry another woman unless the wife stipulated in the contract that he not marry another, and this may combine the husband's interest in procreation with the interest of preserving his home and wife.
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