Is it permissible for me to stipulate at the time of the marriage contract that my divorce will not take place unless it is officially and legally documented, and is this condition valid in all madhhabs? And if it is not valid in the Hanafi madhhab, is it considered void given my adherence to this madhhab at the time of marriage?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
It appears that this condition is invalid. If you divorce your wife, the divorce takes effect even if you do not register it, because it is not a suspension of divorce upon a condition. Rather, it is a precedence of the conditioned over the condition, so it is not valid. This condition does not affect the validity of the marriage according to the Hanafis and others, for marriage is not invalidated by corrupt conditions. Thus, the marriage is valid and the condition is nullified. Stating in the marriage contract that it is based on a specific (school of thought) does not obligate you to follow this madhhab in all matters.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/131038
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 131038
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy