Is the legal contract nullified by the breach of the condition "not to talk on the phone" stipulated by the Imam to the wife after the contract, and is the Imam's stipulating conditions instead of the guardian considered an innovation (bid'ah)?
Both the wife and her guardian have the right to stipulate conditions that are beneficial and do not contradict the essence of the contract. The guardian may also delegate another person to do so. An adult, mature woman has the right to waive any condition stipulated for her benefit. The stipulation by the wife or her guardian that she not be taken out of her home or her country is a valid and binding condition that must be fulfilled, for the Messenger of Allah, peace and blessings be upon him, said: "The conditions most worthy of fulfillment are those by which you make sexual intercourse lawful." However, if the wife agrees to relocate, her right to this condition is waived.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/157990