If she stipulated that he should not take another wife, does he have to adhere to that?

I would like to know:
1- If during the time of Prophet, was there any such practice as putting a clause in the marriage contract that husband would not take any wives after this? Does this not amount to making a halal thing haram?
2- If a husband promises his wife that he would not take another wife, does he forego his right to take more wives? Please note that this promise is not a condition in the marriage contract but is done after few years of marriage.
3- If answer to question 2 is yes, then does it still hold if the husband made this promise under some pressure?
4- Would the husband be sinning if he breaks the promise made to first wife and goes ahead with the marriage?.

Praise be to Allaah.

Firstly: 

If the wife stipulates that her husband should not take another wife, this is a valid condition and he must adhere to it; if he does take another wife, she has the right to annul the marriage contract. 

That is because of the report narrated by al-Bukhaari (2721) and Muslim (1418), that the Messenger of Allah (blessings and peace of Allah be upon him) said: “The conditions that are most deserving to be fulfilled are those by means of which intimacy becomes permissible for you.” 

And because he (blessings and peace of Allah be upon him) said: “The Muslims are bound by their conditions, except a condition that makes something permissible forbidden or makes something forbidden permissible.”

Narrated by al-Tirmidhi (1352) and Abu Dawood (3594). It was classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.

This condition does not make something permissible forbidden; rather it restricts the man’s power and gives the wife the right to annul the marriage. Such conditions were made at the time of the Sahaabah (may Allah be pleased with them). 

Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) was asked about a man who married a woman, and she stipulated that he should not take another wife or make her move from her home, and that she could live with her mother, and he went ahead (with the marriage) on that basis. Is he obliged to adhere to that, and if he goes against these conditions, does the wife have the right to annul the marriage or not? 

He replied: Yes, these conditions and similar ones are valid according to the madhhab of Imam Ahmad and others among the Sahaabah and Taabi‘een, such as ‘Umar ibn al-Khattaab, ‘Amr ibn al-‘Aas, Shurayh al-Qaadi, al-Awzaa‘i and Ishaaq. The view of Maalik is that if she stipulates that if he takes another wife or takes a concubine, she has the right to decide [whether to stay married to him or not], then this condition is also valid, and the woman has the right to leave him. This is similar to the view of Ahmad. That is because of the report narrated by [al-Bukhaari and Muslim] in al-Saheehayn, that the Prophet (blessings and peace of Allah be upon him) said: “The conditions that are most deserving to be fulfilled are those by means of which intimacy becomes permissible for you.” And ‘Umar ibn al-Khattaab said: “Rights are connected to conditions.” So the Prophet (blessings and peace of Allah be upon him) made that by which of means intimacy becomes permissible more deserving of being fulfilled than anything else.

End quote from al-Fataawa al-Kubra, 3/90. 

Secondly: 

These conditions only apply if they are agreed upon at the time of the marriage contract. If they occur after the marriage contract has been done, they are a promise and do not give the wife the right to annul the marriage, but the husband has to fulfil his promise, because of the general meaning of the evidence that enjoins fulfilling promises, such as the verse in which Allah says (interpretation of the meaning): “And fulfil (every) covenant. Verily, the covenant will be questioned about” [al-Isra’ 17:34] and the words of the Prophet (blessings and peace of Allah be upon him), “Guarantee me six things and I will guarantee Paradise to you: be truthful when you speak, fulfil it when you make a promise, render back if you are entrusted with something, guard your chastity, lower your gaze and restrain your hands (i.e., do not harm others).” Narrated by Ahmad (2225); classed as hasan by al-Albaani in Saheeh al-Jaami‘ (no. 1018), and because breaking promises is one of the attributes of the hypocrites. 

See also the answer to question no. 30861. 

And Allaah knows best.

Ruling on bridesmaids

I was just wondering if it is permissible to have brides maids for a reception in Islam. I am not sure if the practice is cultural or religious.

Praise be to Allaah.

It is permissible for the bride to have someone to help adorn her and accompany her, or a female servant who will serve her, in return for a specified wage paid by the husband or bride or someone else. This was widespread in ancient times and is still done in some countries. It is permissible according to sharee‘ah, as stated above. The fuqaha’ stated clearly that if it is the woman's custom to have a servant, then the husband has to bring someone to serve her. 

It says in Kashshaaf al-Qinaa‘ (5/463): If the wife needs someone to serve her, because a woman like her does not serve herself or because of her high position, and she has no servant, then she is entitled to a servant because Allah says (interpretation of the meaning): “and live with them honourably” [al-Nisa’ 4:19], and because it is something that is needed all the time. But the servant should only be someone for whom it is permissible to look at the wife, either a woman or a relative who is a mahram. End quote. 

Having bridesmaids or a servant is not something that belongs to one particular culture or that has to do with religion; rather it a matter of custom or tradition, which varies from one society to another, and may be necessary. 

And Allah knows best.

Can a person with schizophrenia get married?

Im schizophrenic, is schizophrenia a kind of madness, is valid my salat, can i marriage ?.

Praise be to Allaah.

The person who has schizophrenia can get married, so long as he informs the woman he wants to marry about his illness. That is because every sickness or fault that may have an impact on married life or may put the wife off must be disclosed and it is haraam to conceal it. 

Insanity is one of the defects that render the marriage contract null and void according to the majority of fuqaha’. If the woman is not aware of it at the time of the marriage contract, then she comes to learn of it afterwards, she has the right to annul the marriage. 

See: al-Mughni, 7/140; al-Mawsoo‘ah al-Fiqhiyyah, 16/108 

Ibn al-Qayyim (may Allah have mercy on him) said: The analogy is that in the case of any defect which puts one spouse off the other, and means that the aims of marriage, such as compassion and love, cannot be attained, the option to annul must be given. 

End quote from Zaad al-Ma‘aad, 5/166 

Shaykh Saalih al-Fawzaan (may Allah preserve him) was asked: My brother is epileptic, but this does not make him impotent. He has done the marriage contract with a woman; does he have to tell her about his sickness before consummating the marriage with her, or not? 

He replied: 

Yes, each spouse must tell the other of any physical defects that he or she has before marriage, because this comes under the heading of honesty and because it is more likely to bring about harmony between them and ward off disputes, and so that each of them will enter into marriage with the other with full disclosure. It is not permissible to deceive and conceal. 

End quote from al-Muntaqa min Fataawa al-Fawzaan 

To sum up: the one who is affected by insanity or any other disease may get married on condition that he informs the one he wants to marry of his sickness. 

And Allah knows best.

He cannot provide separate accommodation for his wife and her family want to annul the marriage. What are the consequences of that?

My sister got married to a man six months ago and the marriage has not been consummated until now. One condition of the marriage contract was that the marital home would be a separate house, but the husband has not been able to fulfil this condition and it has been a long time, as you can see. Now we -- the wife’s family -- want the girl to be divorced. What is the ruling to be followed in order to return the dowry and gifts?.

Praise be to Allaah.

Accommodation in a separate marital home is one of the rights that the wife has over the husband. If that was stipulated at the time of the marriage contract, this is a confirmation of this duty of the husband, and if he does not fulfil the conditions stipulated by the wife and her family, they have the right to annul the marriage. 

See the answer to Question no. 111919. 

As the husband had delayed it for a long time and has not been able to fulfil this condition, and this delay is causing harm to the wife and her family, he has two choices: 

i.                    He can state that he is not able to fulfil this condition, and hence has to divorce her. As a result of that divorce, she will be entitled to half of her mahr -- both that which has been paid and that which was delayed -- and she does not have to observe ‘iddah if he did not consummate the marriage with her or was not alone with her in such a way that he could have been intimate with her.

She is entitled to the mahr in full and she has to observe ‘iddah if he did consummate the marriage with her or was alone with her in such a way that he could have been intimate with her, even if that did not actually happen. 

See the answer to question no. 97229. 

ii.                  Or if he states that he will be able to do that, but it will take some time, then people of wisdom should mediate between the two sides, so as to give him a reasonable amount of time to fulfil the condition, and if he does, all well and good, otherwise the wife’s family have the right to annul the marriage. 

With regard to the gifts that he gave her, he has no right to them, because the basic principle is that taking back a gift is haraam, and because the divorce was his fault, not the wife’s. 

And Allah knows best.

Is there a set age for marriage in Islam?

I would like to know whether there is a set age for marriage in Islam for men and women? I hope you can explain with reference to the Qur’aan and saheeh hadeeths.

Praise be to Allaah.

Firstly: 

Islam does not give a specific age for marriage, either for the husband or for the wife. Allah, may He be exalted, says (interpretation of the meaning):

“And for such of your women as despair of menstruation, if ye doubt, their period (of waiting) shall be three months, along with those who have it not”

[al-Talaaq 65:4]. 

Al-Sa‘di (may Allah have mercy on him) said: “along with those who have it [menses] not” means minors, those who have not yet started to menstruate. Adult women who have never menstruated at all are like those who “despair of menstruation” (i.e., have passed menopause); their ‘iddah is three months. End quote. 

Tafseer al-Sa‘di, p. 870 

The Prophet (blessings and peace of Allah be upon him) married ‘Aa’ishah (may Allah be pleased with her) when she was six years old and the marriage was consummated when she was nine years old. Narrated by al-Bukhaari (4840) and Muslim (1422). 

Ibn Qudaamah (may Allah have mercy on him) said in al-Sharh al-Kabeer, 7/386: 

With regard to females, the father may give his minor, virgin daughter who has not yet reached the age of nine in marriage, and there is no difference of opinion concerning that, if he gives her in marriage to someone who is compatible. Ibn al-Mundhir said: All of those scholars from whom we acquired knowledge unanimously agreed that it is permissible for a father to give his minor daughter in marriage if he arranges her to someone who is compatible, and it is permissible for him to do that even if she is reluctant. End quote. 

Secondly: 

No one may give a minor daughter in marriage except her father according to the view of Maalik and Ahmad. This was also the view of al-Shaafa‘i, but he regarded the grandfather as being like the father in that regard. Abu Haneefah said – and it was also narrated from Ahmad – that it is permissible for a guardian other than the father to give (the minor girl) in marriage, but the more correct view is the former one.

See: al-Mughni, 7/33 

Thirdly: 

The father should not give a minor daughter in marriage except in a case where he thinks it is in her best interests. Just as he may only dispose of her wealth in that which is in her best interests, the same applies with regard to arranging her marriage. Islam only permits that to the Muslim father who is pious and pays proper attention to the best interests of his children, and who understands very well that he is a shepherd and that he is responsible for his flock. 

Ibn Wahb narrated that Maalik said, with regard to a man arranging a marriage for an orphan girl under his care: If he thinks that (the husband) is a man of virtue, righteousness and wisdom, it is permissible for him to do that. 

Ahkaam al-Qur’aan by al-Jassaas, 2/342 

Fourthly: 

A man should not consummate marriage with his young bride until she is physically able to bear intercourse. This varies from one time, place and environment to another. 

For more information please see the answers to questions no. 22442 and 127176. 

What young men and guardians of girls should do is hasten to arrange marriages, so as to guard chastity and protect honour, and so as to attain the great purposes for which Allah ordained marriage. 

And Allah knows best.

Muslim forbidding his non-Muslim wife to celebrate her religious festivals

Why is it that a catholic girl married to a muslim man CANNOT celebrate her religous festivals? even though she is married to a muslim she still remains a catholic. shouldnt she be able to worship what she belives?.

Praise be to Allaah.

If a Christian girl agrees to marry a Muslim man, then she should be aware of a number of things: 

1 – The wife is commanded to obey her husband, so long as it does not involve sin. No differentiation is made between a Muslim wife and a non-Muslim wife with regard to that. If her husband tells her to do something that is not a sin, then she is obliged to obey him. Allaah has given this right to men, because they are in charge of the family and are responsible for it, and family life cannot run smoothly unless one of its members is in charge and is listened to and obeyed. But this does not mean that the man is allowed to dominate or exploit this right in order to mistreat his wife and children, rather he must strive hard to do a good job, to offer sincere advice and consult with them. 

But life is not free of matters that need to be settled in a decisive manner. The Christian girl needs to understand this principle before she goes ahead and marries a Muslim. 

2 – Islam allows marriage to a Christian or Jewish woman, i.e., it permits a man to marry such a woman whilst she continues to follow her religion. The husband does not have the right to force her to become Muslim, or to stop her worshipping in her own way. But he does have the right to forbid her to go out of the house, even if she is going to go out to go to church, because she is commanded to obey him. He also has the right to forbid her to commit evil openly in the house, such as setting up statues or ringing bells. 

That also includes celebrating innovated festivals, such as Easter, because that is an evil action according to Islam, in two ways. It is an innovation for which there is no basis, like celebrating the birthday of the Prophet (peace and blessings of Allaah be upon him) and Mother’s Day, and it also includes false beliefs, namely the belief that the Messiah was killed and crucified, then placed in the grave, then rose from it. 

The truth is that ‘Eesa (Jesus – peace be upon him) was not killed or crucified, rather that he was taken up to heaven alive. 

See questions no. 10277 and 43148. 

The husband does not have the right to force his Christian wife to give up these beliefs, but he may denounce her open profession of falsehood. We have to differentiate between her right to continue following her religion and her manifesting evil deeds openly in his house. An example of that is if the wife is a Muslim but she believes that something is permissible, whereas her husband believes it is haraam. He has the right to stop her doing it, because he is in charge of the family, and he is obliged to denounce whatever he believes is wrong. 

3 – The view of the majority of scholars is that the minor issues of sharee’ah are addressed to the kaafirs, as well as the command to believe. This means that things that are forbidden to Muslims are also forbidden to them, such as drinking alcohol, eating pork, introducing innovations or celebrating them. The husband should stop his wife committing any of these actions, because of the general meaning of the verse in which Allaah says (interpretation of the meaning): 

“O you who believe! Ward off yourselves and your families against a Fire (Hell) whose fuel is men and stones”

[al-Tahreem 66:6] 

Nothing is exempted from that except the beliefs and acts of worship that are prescribed in her religion, such as obligatory prayers and fasts. The husband should not raise any objections to that. Drinking alcohol, eating pork, and celebrating innovated festivals that have been invented by rabbis and priests, are not part of her religion. 

Ibn al-Qayyim (may Allaah have mercy on him) said: The husband has the right to stop her going out to the church. This was stated by Imam Ahmad with regard to a man who had a Christian wife. He said: He should not give her permission to go out to Christian festivals or churches. 

And he said concerning a man who had a Christian slave woman who asked him to let her go out to attend their festivals and churches and gatherings: He should not give her permission to do that. 

Ibn al-Qayyim said: The reason for that is that he should not help her with regard to the means of kufr or give her permission to do that. And he said: He does not have the right to forbid her to observe fasts which she believes are obligatory, even if that means that he misses out on intimacy with her at that time, or to forbid her to pray towards the east in his house. The Prophet (peace and blessings of Allaah be upon him) allowed the Christians of Najraan to pray in his mosque, facing towards their “qiblah” (direction of prayer). End quote from Ahkaam Ahl al-Dhimmah, 2/819-823. 

The fact that the delegation of Christians from Najraan prayed in the mosque of the Prophet (peace and blessings of Allaah be upon him) was also mentioned by Ibn al-Qayyim (may Allaah have mercy on him) in Zaad al-Ma’aad, 3/629. The commentator said: its men are thiqaat (trustworthy), but it is munqati’ (interrupted) – i.e., its isnaad is da’eef (weak). 

See also question no. 3320. 

And Allaah knows best.

What is permissible for a husband after doing the marriage contract with his wife and before announcing the consummation of the marriage?

I have understood from the answers on this website that there are no restrictions between a man and a woman after the nikah, even though the marriage has not been consumated yet. I have read some answers to this question on your website, but i have not been able to find a satisfying answer to the general statement that some people make that one should follow the way of the Prophet Muhammad (peace and blessings of Allaah be upon him) and the man and the woman should not meet alone, as he (peace and blessings of Allaah be upon him) did not meet with Hadrat Ayesha (RA) till their marriage was consumated a few years after the nikah. So if the Prophet (peace and blessings of Allaah be upon him) didnt meet with her alone during the time between the nikah and consumation of marriage, then what is the daleel on which the scholars have based their justification that allows a man and woman to meet with each other after nikah and before the consumation of marriage?.

Praise be to Allaah.

The man remains a stranger to the woman and it is not permissible for him to look at her, shake hands with her or be alone with her. If he wants to marry her, then he should propose marriage – and in this case it becomes permissible for him to look at her only; not shake hands with her or be alone with her. If her family agree and give her in marriage to him, then he becomes her husband and she becomes his wife, and it is permissible for him to do everything – looking, being alone with her, touching her, shaking hands and being intimate, because Allaah says (interpretation of the meaning): 

“And those who guard their chastity (i.e. private parts, from illegal sexual acts)

6. Except from their wives…”

[al-Mu’minoon 23:5] 

Marriage is established as soon as the marriage contract is done, hence if one of the spouses dies after the marriage contract has been done, the other one inherits from him or her, even if that is before consummation. 

This is the evidence that was quoted by the scholars with regard to this issue. 

But it has become customary among people to announce the marriage contract separately from the consummation, not because consummation is haraam after the marriage contract, but rather because the husband’s circumstances may not allow him to take his wife to the marital home, so there is what is known as “announcement of consummation” or “the wedding night”. As this is the case, the husband should not consummate the marriage with his wife until after the consummation has been announced, because if he consummated the marriage with her before that, it may cause serious problems for both of them. He may divorce her or die, and she may be a virgin who then loses her virginity, and she may become pregnant, thus the woman exposes herself to suspicion and she and her family may be the subject of unending gossip. See the answer to question no. 52806. 

As for the questioner saying that the Prophet (peace and blessings of Allaah be upon him) was not alone with ‘Aa’ishah during the period between the marriage contract and the consummation, this is just conjecture. Who can be certain about that? That period lasted for three years, during which the Prophet (peace and blessings of Allaah be upon him) used to come to Abu Bakr’s house twice a day, morning and evening, as is proven in Saheeh al-Bukhaari (476). 

So who can say that the Prophet (peace and blessings of Allaah be upon him) was never alone with ‘Aa’ishah during that period? 

However, it may be that this is true, but that does not mean that this is haraam, because it is proven that it is permissible, based on evidence from the Qur’aan, as quoted above. 

And Allaah knows best.