The non-effect of the false condition on the implementation of the contract | The official website of Sheikh Muhammad Ali FERKUS
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Monday 13 Safar 1443 H - September 20, 2021 G

Fatwa n° 976

Category: Fatwas about Family - Marriage Contract – Establishing Marriage Contract

The non-effect of the false condition
on the implementation of the contract

Question:

A father refuses to marry off his daughter to a qualified man unless on the condition that she pursues her studies at the Faculty of Medical Sciences where they study men and women all together, with a real practice of her job after -while she refuses this-. Is this condition considered valid even with the insistence of her father? Moreover, is it valid to accept it by words and determine by heart to not do it? May Allah reward you.

Answer:

All praise is due to Allah, the Lord of the Worlds. Peace and blessing be upon whom Allah sent as a mercy to the Worlds, upon his Family, his Companions and his Brothers until the Day of Resurrection:

If the guardian of the woman set as a condition for the one who wants to marry this woman that she carries on studying and that she works despite the fact that this involves the prohibitions that contradict with the values and morals of Islam, then his condition is null and contradicts the basis of staying at home (concerning women). Indeed, it is not permissible to stipulate this as a prerequisite condition (for marriage), and if he stipulates it, then its presence is like its absence, and the ruling concerning it is the same as the ruling concerning those who set the condition that Al-Walâ’ (allegiance) should be for them when ‘Â’isha رضي الله عنها bought Barîra [from them], then, the Prophetصلى الله عليه و سلم said to her: “Buy her and accept their condition [that allegiance is for them]. However, allegiance is for the one who frees the slave.(1), i.e. accept their condition and buy her from them, because it is a false condition and has no effect on the contract implementation which entails that allegiance is for the one who frees the slave. Those who ask this condition knew that, when the Prophet صلى الله عليه و سلم said: “What happened to people asking for conditions which do not exist in Allah’s Book. Who asks a condition which does not exist in Allah’s Book, his condition is not valid even if he asks one hundred conditions.(2)

Therefore, according to the principles and the religious texts: the condition is obligatory except if it contradicts Allah’s Book, in this case, the contract is valid and the condition is not valid.

All this, if the man who wants to marry this daughter is appropriate to marry her, i.e. he has good moralities and religious behavior, and he has a true intention to build a house and able to bear its expenses.

The perfect knowledge belongs to Allah عزَّ وجلَّ; and our last prayer is all the praises and thanks are to Allah, the Lord of the Worlds, and prayers of Allah are to Muhammad and his Family, Companions and Brothers until the Day of Resurrection.

 

Algiers on: Muharram the 23rd, 1430 H

Corresponding to January the 20th, 2009 G.

 


(1) Reported by Al-Bukhârî in many chapters of his Sahîh, among them: (456) and (2735). It is also reported by Muslim (2/702) (1504) and by An-Nasâ’î (3451) -this hadith is mentioned according to his version- from the hadith of ‘Â’isha رضي الله عنها.

(2) Reported by Al-Bukhârî (2735) and by Muslim (1504), from the hadith of ‘Â’isha رضي الله عنها.