Is the marriage contract considered void if the wife refuses intimacy with her husband based on a pre-stipulated condition of hers, and should she be informed of this as an act of enjoining good and forbidding evil, or would that be considered sowing discord between the spouses?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
If a woman stipulates at the time of the marriage contract that her husband must not approach her, this condition is impermissible because it contradicts the essence of the contract. Scholars have differed regarding the ruling on this condition: The Hanafis and Hanbalis consider the contract valid and the condition void. The Malikis and Shafi'is consider both the contract and the condition void, with some disagreement among the Malikis regarding the details. The adopted is that the contract is valid and the condition is void. Based on this, one must avoid this woman and beware of temptation.
Summarized from the full answer at Ftawy · imported
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