The wife’s condition not to go to the husband's house before holding a wedding party

15-1-2014 | IslamWeb

Question:

Is it permissible under Sharee‘ah for the wife to set a condition in the marital contract that she will not be taken to her husband's house before a wedding party is held, noting that the wife will bear the wedding's expenses because the husband is poor?

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Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.

It is permissible to make such a kind of conditions in the marital contract because they do not contradict its implications. Nevertheless, there is a difference among the scholars whether such conditions are binding or not. The majority of scholars are of the opinion that it is recommended to fulfill them, not obligatory. Whereas, the Hanbali scholars are of the opinion that it is obligatory to fulfill them. They quoted the Hadeeth in which the Prophet, sallallaahu ‘alayhi wa sallam, said: "The worthiest conditions of being fulfilled are those by means of which sexual intercourse becomes permissible for you." [Al-Bukhari and Muslim]

Consequently, it is permissible that a wife sets a condition in the marital contract that she will not be taken to her husband's house before a wedding is held in whichever place she wants.

Allaah Knows best.