Can a Woman Stipulate in the Marriage Contract That Her Husband Not Take Another Wife?
Question: Asalamalaykum, its known that we cannot hate what Allah has allowed, including how Allah has made it permissible to have four wives, but is it permissible to write in the marriage contract that he cannot get remarried?
Summary:
Yes, a woman may stipulate in the marriage contract that her husband not marry another wife. This condition is valid according to many scholars, including the Hanbali school and a group of the Salaf. It is a strong opinion supported by the general evidences commanding the fulfillment of contractual conditions. If the husband accepts this condition at the time of the marriage contract, he is required to honor it. If he later violates it and marries another wife, she has the right to seek annulment of the marriage through a judge if she wishes. This condition is not considered a dislike of what Allah has made lawful, because the woman is not declaring lawful matters unlawful. Rather, she is stipulating a right for herself related to her marriage contract and personal interests, just as she may stipulate that she remain in a particular city or that she not be removed from her hometown.
Answer:
In the name of Allah, all praise is due to Allah, and may peace and blessings be upon the Messenger of Allah ﷺ.
First: The Basic Ruling Is That Polygyny Is Permissible
From the Qur'an:
- [Sūrat al-Nisāʾ 4:3]
"then marry those that please you of [other] women, two or three or four."
Polygyny is among the matters Allah has permitted for His servants, and no one may declare unlawful what Allah has made lawful. However, the permissibility of something does not prevent a person from stipulating its abandonment within a contract when there is a valid interest involved, so long as the condition does not entail making the unlawful lawful or the lawful unlawful as a general legislative ruling. Second: Evidence from the Sunnah Regarding Fulfilling Conditions
From the Sunnah:
- It is authentically reported in al-Bukhari and Muslim from ʿUqbah ibn ʿAmir (may Allah be pleased with him)that the Prophet ﷺ said:
“The conditions most deserving of fulfillment are those by which you make lawful intimate relations.”
From the Sunnah:
- It is also reported from Abu Hurayrah (may Allah be pleased with him) thatthe Prophet ﷺ said:
“The Muslims are bound by their conditions.”
These narrations indicate that valid conditions within a marriage contract must be fulfilled.
From the Salaf:
- It is authentically reported that the Commander of the Believers, ʿUmar ibn al-Khattab (may Allah be pleased with him), held that conditions in marriage contracts are binding. He said:
“The limits of rights are determined by conditions.”
Similar statements have also been reported from a number of the Companions (may Allah be pleased with them).
From the Scholars:
- Imam Ahmad ibn Hanbal رحمه الله said:
“If she stipulates that he not marry another wife, then she is entitled to that condition.”
From the Scholars:
- Shaykh al-Islam Ibn Taymiyyah رحمه الله said:
“If she stipulates that he not marry another wife, that he not take a concubine, that he not move her from her city, or similar valid conditions, then fulfilling them is obligatory.”
From the Scholars:
- Imam Ibn Qayyim رحمه الله said:
“These conditions are among the conditions most deserving of fulfillment.”
This was also the position of ʿAbd al-ʿAziz ibn Baz, Muhammad ibn Salih al-ʿUthaymin, and other scholars.
Fourth: Is This Condition Declaring Lawful What Allah Has Forbidden? The answer is no. The woman is not saying, “Polygyny is unlawful,” nor does she believe that. Rather, she is saying, “I do not wish to be married to a man who takes another wife,” or, “I stipulate that you do not marry another wife while I remain your wife.” This falls under the category of private contractual conditions, not under declaring unlawful what Allah has made lawful. It is similar to stipulating that he not move her from her city, that he provide her with separate housing, or that he allow her to complete her education. Fifth: What If the Husband Violates the Condition? • If the husband agrees to the condition and then marries another wife: - He is sinful according to those scholars who regard the condition as binding. - The wife has the right to request annulment of the marriage if she chooses. - As for the second marriage itself, it remains valid according to the strongest opinion of the scholars, but the husband has violated his contractual obligation Final Answer: A woman may stipulate in the marriage contract that her husband not marry another wife. This is a valid condition according to many scholars, and the husband must fulfill it due to the statement of the Prophet ﷺ: “The conditions most deserving of fulfillment are those by which you make lawful intimate relations.” This condition does not constitute a dislike of what Allah has made lawful, nor does it amount to forbidding polygyny. Rather, it is a private condition related to the wife's rights and interests. If the husband accepts the condition, he is obligated to honor it. If he violates it, she has the right to seek annulment of the marriage through a judge..
And Allah knows best.
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