Saturday, November 18, 2017 - 29 Safar 1439
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Woman stipulating exclusive right to the marital house in the event of divorce or her husband's death

What is the legitimacy of including a prenuptial condition in the marriage contract stating the wife's exclusive right to the marital house in the event of divorce or her husband's death?

Answer

Islamic law allows a person to waive his rights as long as it does not include anything that involves rights owed to Allah or others. Not only does Islamic law sanction valid agreements between Muslims, but it made fulfilling them obligatory. The Prophet [pbuh] said, "Muslims are bound to the conditions they make, except one that makes forbidden what is permissible and lawful what is forbidden" [Al-Tirmidhi included this hadith in his Sunan and declared it authentic and fair].

Prenuptial agreements

From among matters concerning marital issues, prenuptial agreements are confirmed by 'Uqba ibn 'Amir al-Jahni [may Allah be pleased with him] who narrated thatthe Prophet [pbuh] said: "The most deserving of conditions to be fulfilled are those by means of which marital relations become permissible for you" [Bukhari, Muslim, Ahmed, Abu Dawud, Nisa'i, al-Tirmidhi and ibn Majah].

The Ruling
Based on the above and in reference to the question, the clause stipulated in the marriage contract is legally valid. Its consequences, the wife's exclusive entitlement to the marital house, come into effect in the event of divorce or the husband's death.

Allah Almighty knows best.
 

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