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  • Clauses in the nikah contract

    Salam,

    I read that clauses can be added to the nikah contract and wanted to know what the evidences are regarding this. Obviously I realise that no one can put a haraam clause in a nikah contract but if there is something which is normally permitted in the deen which a woman does not want her husband to do, then I would like to know what stipulating this in the contract would entail.

    For example, if a woman wants to stipulate in her nikah either a) that as part of the contract the husband has to agree to never leave the country or b) that the husband never takes another wife as long as his first wife is alive... I'm using examples of things which are permitted for the man to do or not do but for which the wife wants to prevent him from doing.

    Anyway my main question is: if such a stipulation is in the contract then is it binding on the husband and is he under obligation to obey it? My other question is are there any Islamic guidelines regarding what should or should not be said in such things (besides the obvious that no one should ask for anything haraam)?

    Please don't present logical conclusions of "it's not fair to deny the husband xyz" I'm not asking for logical conclusions I'm asking about evidence and shariah guidelines about Islamic limits regarding these things. Oh yes and likewise; can a husband stipulate certain conditions in the nikah contract as well?
    The Lyme Disease pandemic: http://www.youtube.com/watch?v=z5u73ME4sVU

  • #2
    Re: Clauses in the nikah contract

    When I got married my husband said I can put anything the contract and if he agrees to it he has to obey it,his brother is a cleric in saudi so he checked with him and he said yes I can put whatever I want lest be resonable too and not haram. So I put a clause in my contract and he agreed to it.

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    • #3
      Re: Clauses in the nikah contract

      I remember reading on Islam-QA that the basic principle is that you can stipulate anything that isn't haram into the marriage contract.

      It would be binding up to the extent that it gives the 'stipulator' the option of annulling the marriage/divorce. But not abiding by it doesn't invalidate the contract automatically.
      "The discovery of truth is prevented more effectively, not by the false appearance of things present and which mislead into error, not directly by weakness of the reasoning powers, but by preconceived notions, opinion, and by prejudice." - Arthur Schopenhauer

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      • #4
        Re: Clauses in the nikah contract

        She stipulated that he should not make her leave her house or her country

        Types of conditions in the marriage contract
        "The discovery of truth is prevented more effectively, not by the false appearance of things present and which mislead into error, not directly by weakness of the reasoning powers, but by preconceived notions, opinion, and by prejudice." - Arthur Schopenhauer

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        • #5
          Re: Clauses in the nikah contract

          :wswrwb:

          This might help regarding including clauses: What is Nikah Misyar, and is this kind of Marriage Permitted according to Shari’a?
          Secure few moments, everyday, to reflect upon the innumerable blessings of Allah and thank Him for bestowing them upon you.

          "A person who is blessed with the ability to be grateful, shall never be deprived of barakah and increase in blessings."
          - Rasulullah (صلی اللہ علیہ وسلم)‎

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          • #6
            Re: Clauses in the nikah contract

            Originally posted by neelu View Post
            Salam,

            I read that clauses can be added to the nikah contract and wanted to know what the evidences are regarding this. Obviously I realise that no one can put a haraam clause in a nikah contract but if there is something which is normally permitted in the deen which a woman does not want her husband to do, then I would like to know what stipulating this in the contract would entail.

            For example, if a woman wants to stipulate in her nikah either a) that as part of the contract the husband has to agree to never leave the country or b) that the husband never takes another wife as long as his first wife is alive... I'm using examples of things which are permitted for the man to do or not do but for which the wife wants to prevent him from doing.

            Anyway my main question is: if such a stipulation is in the contract then is it binding on the husband and is he under obligation to obey it? My other question is are there any Islamic guidelines regarding what should or should not be said in such things (besides the obvious that no one should ask for anything haraam)?

            Please don't present logical conclusions of "it's not fair to deny the husband xyz" I'm not asking for logical conclusions I'm asking about evidence and shariah guidelines about Islamic limits regarding these things. Oh yes and likewise; can a husband stipulate certain conditions in the nikah contract as well?
            I believe there are differences of opinion on this, I do not know what the majority opinion is

            Some say that you are allowed to stipulate conditions, which are otherwise permitted (such as a husband not taking a wife) - and those things which if agreed to by the husband, make it part of a contract, and if broken, it is up to the woman to see what she wants to do etc.

            Others say that you cannot make impermissible that which is permissible (i.e. that a husband taking on a wife is something which is permissible, and it is wrong to stipulate something which is accepted in Islaam)

            It would be good to seek advice from a scholar you trust.
            "It does not do to dwell on dreams and forget to live."

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            • #7
              Re: Clauses in the nikah contract

              As far as I know there's a difference in opinion regarding spouses giving away a right in the marriage contract. Some say it's allowed, others say that it's not. Stipulating that a husband can't take a 2nd wife, the wife is asking the husband to give up one of his rights. There are other examples the other way, e.g. wives giving up some of their rights when marrying, e.g. saying the husband doesn't have to provide for her financially. It seems there's a difference of opinion regarding whether such clauses can be made in contracts. Some say it's allowed, others say it's not allowed.

              Clauses themselves, I've not heard anyone say that this is not allowed, you're allowed to add clauses to the contract, but some scholars say a clause expecting a spouse to give up a right, is not allowed. clauses that don't involve giving up rights, I'm not aware of any scholars who object to this.
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              • #8
                Re: Clauses in the nikah contract

                salaams to all

                ive always wondered about this:
                putting in a clause in my nikah contract that she should not gain more than 5kg's -except for when shes pregnant

                what would you people put into your marriage/nikah contracts-if u ever had to do such a thing?

                and Allah ta'ala knows best
                jazakallah
                Sufyaan Thawri "Whoever is very popular with his relations and neighbours, we suspect him to be compromising in preaching the true teachings of religion."
                very good site for English bayaans in MP3 format-check it out- u wont be disappointed: http://www.musjidnoor.za.net/index.html & http://alhaadi.org.za/majlis-program...downloads.html

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                • #9
                  Re: Clauses in the nikah contract

                  Originally posted by neelu View Post
                  Salam,

                  I read that clauses can be added to the nikah contract and wanted to know what the evidences are regarding this. Obviously I realise that no one can put a haraam clause in a nikah contract but if there is something which is normally permitted in the deen which a woman does not want her husband to do, then I would like to know what stipulating this in the contract would entail.

                  For example, if a woman wants to stipulate in her nikah either a) that as part of the contract the husband has to agree to never leave the country or b) that the husband never takes another wife as long as his first wife is alive... I'm using examples of things which are permitted for the man to do or not do but for which the wife wants to prevent him from doing.

                  Anyway my main question is: if such a stipulation is in the contract then is it binding on the husband and is he under obligation to obey it? My other question is are there any Islamic guidelines regarding what should or should not be said in such things (besides the obvious that no one should ask for anything haraam)?

                  Please don't present logical conclusions of "it's not fair to deny the husband xyz" I'm not asking for logical conclusions I'm asking about evidence and shariah guidelines about Islamic limits regarding these things. Oh yes and likewise; can a husband stipulate certain conditions in the nikah contract as well?
                  Wa Aalaikum Assalam,

                  I would be careful with adding extra clauses about which there are ayaat of Qur'an (like the one allowing more than one wife). Reason being is that since there are difference of opinion, the one you marry may latter be of the opinion that some of those clauses are baatil (invalid) and hence would be negated.

                  When putting in conditions, try to remove all your emotions, and try to add in only that which pleases Allah.
                  If you have any questions feel free to PM me!

                  Humililty, Sincerity, and the quest for Truth. There is no purpose in life but to seek the pleasure of Allah.
                  There is a possibility a female might use this account to read something!

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                  • #10
                    Re: Clauses in the nikah contract

                    According to Hanafi fiqh, the conditions are valid. So, if she/he changes maddhab, then that's a diff. case. But, then again, same can be said of things like the issue of 3 divorces.
                    Secure few moments, everyday, to reflect upon the innumerable blessings of Allah and thank Him for bestowing them upon you.

                    "A person who is blessed with the ability to be grateful, shall never be deprived of barakah and increase in blessings."
                    - Rasulullah (صلی اللہ علیہ وسلم)‎

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                    • #11
                      Re: Clauses in the nikah contract

                      Just to be clear, I don't intend to add clauses myself if I were to get married in future. I only ask because I take an interest in knowing what a woman's Islamic rights would be if she were to consider adding a clause. I've heard different opinions on this issue too so just wanted to know. Also in light of the other thread regarding the sister who does not want to marry someone who may take another wife in future- I was going to simply say she can stipulate this in her nikah contract if she wants to (as others have suggested) but there's no point in suggesting it if it is not binding or not allowed.

                      I don't understand the statement that it would be haraam to ask a husband to give up one of his rights and would like to hear a little clarity regarding this. What exactly can a woman stipulate in her contract then without potentially infringing on his rights (aside from the mahr of course)?
                      The Lyme Disease pandemic: http://www.youtube.com/watch?v=z5u73ME4sVU

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                      • #12
                        Re: Clauses in the nikah contract

                        Ukthi Neelu, are you saying that it's OK to have the Wife give up some her rights?

                        from all the weddings I have been too, Stipulating Nikkah conditions were never an Issue because there was no Optional conditions placed by either parties ...

                        :jkk:
                        http://www.ilovepalestine.com/campai...imesinGaza.gif

                        "It does not befit the lion to answer the dogs."

                        – Imam al-Shafi’i (Rahimahullah)

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                        • #13
                          Re: Clauses in the nikah contract

                          Originally posted by .mirror. View Post
                          According to Hanafi fiqh, the conditions are valid. So, if she/he changes maddhab, then that's a diff. case. But, then again, same can be said of things like the issue of 3 divorces.
                          Salaam

                          According to the Hanafi madhab, the clause about not marrying a second wife whilst the first is alive will be valid in the sense that if the husband breaks it, he will be religiously negligent BUT it is not something that will be legally enforceable by a Qadi (judge) and the wife would not have grounds for nullification of the marriage based solely on that. I think this is also the view of the Shafi and Maliki madhabs

                          :jkk:
                          Last edited by ahmad12; 27-03-12, 04:40 PM.

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                          • #14
                            Re: Clauses in the nikah contract

                            Originally posted by neelu View Post
                            Just to be clear, I don't intend to add clauses myself if I were to get married in future. I only ask because I take an interest in knowing what a woman's Islamic rights would be if she were to consider adding a clause. I've heard different opinions on this issue too so just wanted to know. Also in light of the other thread regarding the sister who does not want to marry someone who may take another wife in future- I was going to simply say she can stipulate this in her nikah contract if she wants to (as others have suggested) but there's no point in suggesting it if it is not binding or not allowed.

                            I don't understand the statement that it would be haraam to ask a husband to give up one of his rights and would like to hear a little clarity regarding this. What exactly can a woman stipulate in her contract then without potentially infringing on his rights (aside from the mahr of course)?
                            She can have the contract state something like where she'll automatically will have the option to divorce in case he takes in another wife. Meaning, she won't have to go through Sharia court for divorce.
                            Secure few moments, everyday, to reflect upon the innumerable blessings of Allah and thank Him for bestowing them upon you.

                            "A person who is blessed with the ability to be grateful, shall never be deprived of barakah and increase in blessings."
                            - Rasulullah (صلی اللہ علیہ وسلم)‎

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                            • #15
                              Re: Clauses in the nikah contract

                              I didnt put clauses in my contract.

                              However, from day one I made clear that I wouldnt allow xzy and made clear the kind of person I am.

                              He did the same.

                              There is no 'binding contract' tying us down to anything. However, his word and my word is enough.

                              And if either one of us crossed those limits. We both know our marriage would be in serious jeopardy.
                              https://sufisticated101.wordpress.com

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