Written by: Imran Ayub Lahori
Narrated by ʿUqbah bin ʿĀmir رضي الله عنه, the Messenger of Allah ﷺ said:
إن أحق الشروط أن يوفى به ما استحللتم به الفروج
"The condition most deserving to be fulfilled is that which makes lawful the private parts (i.e., marriage)."
[Bukhari: 2721, Book of Conditions: Chapter on Conditions Regarding Mahr in the Marriage Contract; Muslim: 1418; Ahmad: 4/144; Abu Dawood: 2139; Nasa’i: 6/92; Tirmidhi: 1127; Ibn Mājah: 1954; ʿAbd al-Razzāq: 10613; Dārimī: 2/143; Abū Yaʿlā: 1754; Bayhaqī: 7/248]
This Hadith, along with other evidences, shows that every valid condition must be fulfilled—unless it permits what is forbidden or forbids what is permissible.
أَوْفُوا بِالْعُقُودِ
[Al-Mā’idah: 1]
"Fulfill all contracts (and obligations)."
المسلمون على شروطهم إلا شرطا أحل حراما أو حرم حلالا
"Muslims are bound by their conditions, except for a condition that makes the unlawful lawful or the lawful unlawful."
[Ḥasan Ṣaḥīḥ: Ṣaḥīḥ Abū Dāwūd: 3063, Book of Judgements: Chapter on Reconciliation; Irwā’ al-Ghalīl: 1303; Aḥmad: 2/366; Abū Dāwūd: 3594; Ibn al-Jārūd: 638; Dāraqutnī: 96; Ḥākim: 2/49; Bayhaqī: 6/64]
There is a difference of opinion:
✔ One view: The condition refers to the payment of mahr, since intimacy is conditional upon it.
✔ Another view: It refers to all marital rights the woman is entitled to.
✔ Another opinion: It applies to any condition agreed upon during the proposal, provided it does not contradict Islamic law.
The apparent meaning of the Hadith supports the last view, making it the strongest interpretation:
Any valid and permissible condition set by the wife at the time of marriage is binding upon the husband.
The Prophet ﷺ said:
ما كان من شرط ليس في كتاب الله فهو باطل وإن كان مائة شرط
"Any condition not in the Book of Allah is invalid, even if it be a hundred such conditions."
[Bukhari: 2729, Book of Conditions: Chapter on Conditions Regarding Wala’]
This refers specifically to conditions that contradict Islamic rulings, such as making unlawful things lawful or lawful things unlawful.
The general statement in the previous Hadith—"Muslims are bound by their conditions"—shows that conditions not in violation of Islamic law are valid and binding.
✔ As narrated by Abū Hurairah رضي الله عنه, the Prophet ﷺ said:
"It is not permissible for a woman to make the divorce of her sister-wife a condition for marriage, just to empty her bowl (i.e., to gain exclusive favor), for she will only get what is written for her."
[Bukhari: 5152, Book of Nikah: Chapter on Prohibited Conditions in Marriage; Muslim: 1408]
✔ ʿAbdullāh ibn ʿAmr رضي الله عنه narrated that the Prophet ﷺ said:
"It is not lawful to marry a woman in exchange for the divorce of another."
[Ahmad: 2/176]
All conditions that contradict the core objectives of marriage are not permissible, for example:
✖ A woman says:
Such conditions are invalid and should not be fulfilled.
➤ A husband must fulfill the valid conditions agreed upon at the time of marriage—particularly those set by the wife—as long as they do not contradict the rulings of Islam.
➤ Conditions that attempt to change halal into haram or vice versa, or violate the spirit of marriage, are null and void.
❖ Fulfilling Agreed-upon Conditions in Marriage is Mandatory
Narrated by ʿUqbah bin ʿĀmir رضي الله عنه, the Messenger of Allah ﷺ said:
إن أحق الشروط أن يوفى به ما استحللتم به الفروج
"The condition most deserving to be fulfilled is that which makes lawful the private parts (i.e., marriage)."
[Bukhari: 2721, Book of Conditions: Chapter on Conditions Regarding Mahr in the Marriage Contract; Muslim: 1418; Ahmad: 4/144; Abu Dawood: 2139; Nasa’i: 6/92; Tirmidhi: 1127; Ibn Mājah: 1954; ʿAbd al-Razzāq: 10613; Dārimī: 2/143; Abū Yaʿlā: 1754; Bayhaqī: 7/248]
This Hadith, along with other evidences, shows that every valid condition must be fulfilled—unless it permits what is forbidden or forbids what is permissible.
❖ Qur’anic Evidence:
أَوْفُوا بِالْعُقُودِ
[Al-Mā’idah: 1]
"Fulfill all contracts (and obligations)."
❖ Hadith Evidence:
المسلمون على شروطهم إلا شرطا أحل حراما أو حرم حلالا
"Muslims are bound by their conditions, except for a condition that makes the unlawful lawful or the lawful unlawful."
[Ḥasan Ṣaḥīḥ: Ṣaḥīḥ Abū Dāwūd: 3063, Book of Judgements: Chapter on Reconciliation; Irwā’ al-Ghalīl: 1303; Aḥmad: 2/366; Abū Dāwūd: 3594; Ibn al-Jārūd: 638; Dāraqutnī: 96; Ḥākim: 2/49; Bayhaqī: 6/64]
❖ What Kind of Conditions Must the Husband Fulfill?
There is a difference of opinion:
✔ One view: The condition refers to the payment of mahr, since intimacy is conditional upon it.
✔ Another view: It refers to all marital rights the woman is entitled to.
✔ Another opinion: It applies to any condition agreed upon during the proposal, provided it does not contradict Islamic law.
The apparent meaning of the Hadith supports the last view, making it the strongest interpretation:Any valid and permissible condition set by the wife at the time of marriage is binding upon the husband.
❖ Clarifying the Hadith About Invalid Conditions:
The Prophet ﷺ said:
ما كان من شرط ليس في كتاب الله فهو باطل وإن كان مائة شرط
"Any condition not in the Book of Allah is invalid, even if it be a hundred such conditions."
[Bukhari: 2729, Book of Conditions: Chapter on Conditions Regarding Wala’]
This refers specifically to conditions that contradict Islamic rulings, such as making unlawful things lawful or lawful things unlawful.
The general statement in the previous Hadith—"Muslims are bound by their conditions"—shows that conditions not in violation of Islamic law are valid and binding.
❖ Examples of Invalid Conditions:
✔ As narrated by Abū Hurairah رضي الله عنه, the Prophet ﷺ said:
"It is not permissible for a woman to make the divorce of her sister-wife a condition for marriage, just to empty her bowl (i.e., to gain exclusive favor), for she will only get what is written for her."
[Bukhari: 5152, Book of Nikah: Chapter on Prohibited Conditions in Marriage; Muslim: 1408]
✔ ʿAbdullāh ibn ʿAmr رضي الله عنه narrated that the Prophet ﷺ said:
"It is not lawful to marry a woman in exchange for the divorce of another."
[Ahmad: 2/176]
❖ Further Invalid Conditions:
All conditions that contradict the core objectives of marriage are not permissible, for example:
✖ A woman says:
- "You will not divide your nights between me and your other wife."
- "You will not provide for your other wife."
Such conditions are invalid and should not be fulfilled.
Conclusion:
➤ A husband must fulfill the valid conditions agreed upon at the time of marriage—particularly those set by the wife—as long as they do not contradict the rulings of Islam.
➤ Conditions that attempt to change halal into haram or vice versa, or violate the spirit of marriage, are null and void.
